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L1 To F1 To H1

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  • L1 To F1 To H1

    I am on L1 and my wife is on L2 visa status, got laid off in Feb 2009. My wife recently applied for change of status from L2 to F1 and myself as L1 to F2 dependent status and it is under process.

    I also got H1 petition (consular processing, not change of status) approved in Oct 2007 and I am also planning to apply for change of status form L1 to H1 as I got a job and they need to activate my H1.

    My questions here are:

    Can I apply for change of status from L1 to H1 while change of status from L1 to F2 is in process?

    Do I need to cancel L1 to F2 before applying for change of status from L1 to H1 and L2 to H4? Or can I cancel F2 application once I got approved with H1?

    Is there any way I can cancel only change of status from L1 to F2 and still keep my wife’s change of status from L2 to F1 process going?

  • #2
    1. Yes
    2. Yes. PP it if you want to start ASAP. However, if F2 gets approved after H1b COS, your status changes to F2. There is risk there. Once you get the H1b, go for a visa and enter on H1b. That will void all pending COS applications for you.Read about bridging on the forum. So cancelling the bridging status if your L1 was not maintained is risky. Last action rule comes into picture on multiple competing applications.
    3. Yes

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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