I am currently on L1, still valid for 2 more years. My employer is applying for H1B for me. I have some questions in my mind, before I proceed.
If I apply for H1B with consulate processing and it gets picked up in lottery, what would happen? I know I will remain on L1 until I go to home country US consulate to get the visa and sticker and enter on H1.
Now, I don’t want to do that as the moment my status changes to H1, my L2 dependent will not be eligible to work anymore. Also, my L2 spouse employer is not applying for H1 this year. So, what are my options here?
1, Can I stay in US, until my spouse H1 gets approved may be next year,etc and then go together to US consulate for visa sticker? Is there any limit before which I need to visit consulate after H1B gets picked up in lottery?
- Can I apply for I-140 if my H1 consulate processing gets approved without leaving US and without getting stamp on passport. i.e, I will still be on L1 with H1b consulate processing approved.
With this case, my spouse will remain on L2 and can work. And once I-140 gets approved then I can fill for L1>H1, L2->H4 with EAD.