L1/L2 to H1B - Advice needed

[getthegringo]

Hello,

This site is the best site for Immigration consultancy. Really Appreciate all your help in this regard.


I am in L1 valid till 2015 and My Spouse is in L2 visa.

If I resign from my company in USA I have to serve 3 months notice period in Offshore.

My spouse is planning to apply for H1B COS and I am planning for a Consular H1B filing in 2013.


If the H1B petition approved by July,2013 for both of us and if I resign after that I have to go back to offshore to serve 3 months notice period.

My questions is....

1. Can my spouse stay in USA on that 3 months period till 1st Oct,2013 while I am in offshore. She is having a valid H1B COS petition.

2. Please advice us the best possible way to handle this situation.


Waiting for your advice and consultation.

Thanks in Advance,,,

[raghvi]

Hello,

This site is the best site for Immigration consultancy. Really Appreciate all your help in this regard.


I am in L1 valid till 2015 and My Spouse is in L2 visa.

If I resign from my company in USA I have to serve 3 months notice period in Offshore.

My spouse is planning to apply for H1B COS and I am planning for a Consular H1B filing in 2013.


If the H1B petition approved by July,2013 for both of us and if I resign after that I have to go back to offshore to serve 3 months notice period.

My questions is....

1. Can my spouse stay in USA on that 3 months period till 1st Oct,2013 while I am in offshore. She is having a valid H1B COS petition.

2. Please advice us the best possible way to handle this situation.


Waiting for your advice and consultation.

Thanks in Advance,,,

Is this your spouse's first H1? If yes, then her H1 will be starting only from 01-Oct-2013 or later. Assuming you leave immediately after resigning, on what Visa will your spouse be staying in US? You are no longer on L1 status from the day you resign, so your spouse also ceases to be on L2 from that day. She cannot stay in US from Jul 2013 to Oct 2013 period. Either both of you leave in Jul 2013 after resignation, get H1 stamped individually and re enter US on respective petitions Oct 2013 or later. Or, your spouse applies for L2 to H1 transfer effective Oct 2013, you resign in Oct 2013, after successful transfer of your spouse visa, you go offshore get a new H1 stamping after serving your notice period and then re enter on H1. This is my opinion, not legal advice.