Quick help: Can I hold L1B visa and H1B visa

[getraja21]

I need an urgent help. I have L1B visa valid till May 2015. I have a H1B petition for the year 2008 and I came to know that I can utilize that by Sept-2014.

But the problem is My spouse is working on L2. If I opt H1b, my spouse will loose the job. Is there any way that my spouse can work till May2015 on L2 and I can go for H1B (May be with consular processing) ?

Please suggest asap.

Thanks

[raghvi]

I need an urgent help. I have L1B visa valid till May 2015. I have a H1B petition for the year 2008 and I came to know that I can utilize that by Sept-2014.

But the problem is My spouse is working on L2. If I opt H1b, my spouse will loose the job. Is there any way that my spouse can work till May2015 on L2 and I can go for H1B (May be with consular processing) ?

Please suggest asap.

Thanks

You would need to find an employer willing to file a cap exempt H1 petition for you before Sep 2014 and process it as consular process.

This is my opinion not legal advice.

[getraja21]

Thanks for the quick reply.

If we go with Consular processing, Will my and my spouse's I-94 status change?
Can you please let me know how she will continue on L2?

[raghvi]

You have to choose one. You cannot have L1 and H1 status together while in US. If you are on L1 your spouse can be on L2 but if you move to H1 your spouse cannot keep the L2 and she has move to H4. She cannot work on H4.

In my opinion you have time only till Sep 2014 to move to H1, if you dont, you would have to wait for next year's cap and may be another lottery.

Basically its a choice between
A. Trying to move to H1 for yourself to avoid next year's cap but lose wife L2 status.
OR
B- Keep L2 for spouse but lose chance to move to H1 till next year Cap opens and trying luck next year.

This is my opinion not legal advice.