H1B approved but want to maintain L1 status

[prajiv]

Hi,

I am in the US for company A on L1 Visa. My wife is about to receive her L2 EAD( completing 90days). Meanwhile last week my H1b got selected in Lottery filed by company B. Now I want to continue with my L1 status and might change to H1 next year. There are few doubts I have -

Company B has filed for my H1B + COS and my wife's COS effective 1st October 2016. She has already received her I 797 notice for receipt for I 539(change of status). But, it is still pending & not processed.
1. Will this affect my wife's EAD process?
2. How do I continue having L1 status from october 1st; if company B is not co-operating in changing the COS date?
3. If I continue in L1 from October 1st ; does my wife's EAD becomes illegal & do we have to apply again.

Since company B is not co-operating, we are in a fix!

Thanks!

[raghvi]

Hi,

I am in the US for company A on L1 Visa. My wife is about to receive her L2 EAD( completing 90days). Meanwhile last week my H1b got selected in Lottery filed by company B. Now I want to continue with my L1 status and might change to H1 next year. There are few doubts I have -

Company B has filed for my H1B + COS and my wife's COS effective 1st October 2016. She has already received her I 797 notice for receipt for I 539(change of status). But, it is still pending & not processed.
1. Will this affect my wife's EAD process?
2. How do I continue having L1 status from october 1st; if company B is not co-operating in changing the COS date?
3. If I continue in L1 from October 1st ; does my wife's EAD becomes illegal & do we have to apply again.

Since company B is not co-operating, we are in a fix!

Thanks!

These are some of the pitfalls of committing to COS. In order to avoid your move to H1 and spouse move to H4 you would need to leave US before COS start date and return on L1/L2 visa post that date.

This is a opinion not legal advice.

[prajiv]

These are some of the pitfalls of committing to COS. In order to avoid your move to H1 and spouse move to H4 you would need to leave US before COS start date and return on L1/L2 visa post that date.

This is a opinion not legal advice.

Thanks! Where do I stand on the H1B in that case. Will it remain as a "approved petition" with employer B or anything else?