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  • H1 related doubts

    Hi,

    I am in US on H1B visa, it will expire in Sep 2010 only. I am working and getting paid so far and my employer now informed me that I will not be paid after Sep 15th, 2009. They also informed me that I can take personal leave to search job, if required. They are really geniune employer.

    Meantime my wife is in US on L1 visa, her visa expires on Sep 18th, 2009. Her employer filed extension yesterday. She also has approved H1B petition filed this year 2010 quota.

    My doubts are

    1. After Sep 15th how long can I take to search job without affecting future new visa (H!/L2/H4) processing or H1 transfer with USCIS?

    2. Can I do COS to L2 now, as L1 extension for my wife just filed yesterday? or Do I need to wait until L1 extension approval?

    3. If I go back to India and get L2 or H4 stamping and enter US, will my H1B petition still be valid?

    4. After I come to US on L2/H4, can I change the status to H1 once I get project as my petition will be valid until Sep 2010?

    5. What should I ask my employer so that my H1 visa will not be revoked by them? Actually the HR department have less clue about H1 visa, so we can tell them what needs to be done to keep my H1B visa alive

  • #2
    Can somebody help me on this?

    Comment


    • #3
      1. Zero days after your last paycheck as per the books.
      2. You should have submitted the L2 COS along with the application. Now, you have to wait for the receipt for your COS to L2 to be applied. You should anyway apply without the receipt and submit it when there is a RFE. L1 extensions itself are risky by itself.
      3. Petition validity depends on the employer. If they revoke it, it ceases to be valid. You can enter on L2 or H4 if your spouse maintains L1/H1 status respectively.
      4. Yes. But can work only after CIS approves the COS.
      5. They will be liable to pay you if they don't revoke the visa. It is a risk to them and so they will likely revoke the visa.

      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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