H1B in process & L1 employer forcing to leave US

USA H1B Visa
1

I am on L1 visa & my wife is on L2 visa (EAD). We have applied for H1B visa (thru a desi consultant) for both of us in 2014 cap & waiting for the lottery results.

My employer ( i.e. L1 visa holder’s employer) is forcing to go back in Jul 2013.

With a hope that our application will get selected, I have below mentioned queries :-

  1.   Mine is L1 to H1 COS, Can going back to home country (India) in Jul 2013 affect the result of H1B Approval?

  2.   Can going back to home country (India) in Jul 2013 affect the result of L2 to H1 change ?

  3.   My Employer will terminate my L1 visa/Job as soon as I communicate that I am planning to stay back. Considering that my H1B is in process, can I legally stay (& not  work) in the US from Mid Jul - Oct ?

  4.   Can I legally stay (& not  work) in the US from Mid Jul – Oct, if I get my H1B approved before Mid Jul i.e. the date I have to leave.

  5.   Can I personally file B1 (visitor visa) for both of us & legally stay in the US from Mid Jul to Oct 1? Is this advisable when H1B is in process?

  6.   Is there any other way to legally stay in the US from Mid Jul – Oct 1?

  7.   Can I file for F1 visa selecting cheapest course/University & legally stay in the US from Mid Jul to Oct 1? ( I will discontinue studies once I shift to H1). Is this advisable when H1B is in process?

  8.   Can someone suggest the cheapest course/University to file F1 from ?

  9.   Can L2, EAD visa holder (working for company A) legally stay back & WORK from Mid Jul to Oct 1, if L1 visa holder returns to India and continue working for the same company (but from India)?

  10. Desi Consultant through whom we filed H1B (if approved) will revoke my H1B if I go back to india in Jul 2013. Does that mean that my H1B will be void or Still I will have a chance to have it transferred to other employer and come back ?

2

  1. No, it should not affect your H1 processing/

  2. No.

  3. If you have valid I-94 you can stay with current employer from Jul - Oct 1.

  4. No, you cannot just stay. You have to earn and live here. Pay slip should be generated.

  5. You cannot sponsor yourself for B-2. B-1 must be from your employer or any other employer.

  6. If your I-94 is valid, you can stay in US. or file L-1 extension.

  7. Not sure.

  8. same as above.

  9. As far as I know, L-2 will be void as soon as L1 expires.

  10. If he is revoking, you can have some other employer to file H1 transfer.

Please vote for my petition: The White House

3

You can apply for B-2 but you will have to show the reason of staying back. However, it may add another layer of complexity as you will now have L-1 to H-1 and L-1 to B-2 pending, which will start a race scenario.

Do you fear stamping? If not, then you can leave US at the end of L-1 tenure, go for H-1 stamping once your H-1 petitions are approved, and then return on your H-1s.