H1B_Please help_Need clarification

Hi All,

I am presently on L2 visa and thinking to apply for H1B this year, I have certain doubts that need clarification before I go ahead and apply for H1B:

  1. My spouse is on L1B , and he is also applying for H1B this year , in case if his pettition is picked up and the change of status date is say 01 october 2016 , till when he will be able to work with his L1B employer?

2)What is the grace period for L1B to H1B COS?

3)If we decide to continue on L1B after the H1B is picked up, what is the process for that?Will it have any impact going forward,lets say on our GC application?

  1. I am also applying for H1B , if my husband’s H1B petittion is not picked up , will I be moved to H4 status immediately?

  2. What is the prediction for H1B pettition to be appoved this year?

Awaiting response.

  1. If COS is approved w/ effect from Oct 1, then he should stop working for L-1 employer from that date. His status will be H-1 and not L-1 that day onwards

  2. No grace period

  3. If you want to work on L-1, then either file your H-1 w/o COS, or do an action to invalidate COS. For example, you can leave US and return on L-1 while H-1 COS is pending, or return to US on L-1 after COS effective date. However, if you take no action, then you will be working in wrong status post COS date

  4. Your H-4 COS will be dependent on his H-1 COS. So if H-1 is not picked up, you will remain on L-2 (or move to your own H-1 if that gets picked up and processed)