L1 to H1 COS and travel

[rgusa39]

Hello everyone,

Husband is working on L1B. L1B stamped Visa validity date is August 2010 to July 2013. His L1B to H1B visa COS was not selected in the 2014 lottery. The company has not applied for his L1B visa extension.
Wife has L2 visa stamped valid till July 2013. She is working on EAD. Her H1b was selected in the 2014 lottery with L2 to H1b COS.
They both traveled outside USA in April 2013 for a week to extended their I94 validity and got it until April 2016.

She has her H1b approval notice now valid till Sept 2014, but USCIS has approved it with Consular processing as she traveled outside USA while her COS was pending. She will have to go to India to get her H1b stamped and then re-enter USA using her H1b stamp.

1) But she doesnt not want to travel to India now. Can she start working on H1b from October 1, 2013.

2) Is there a way to change her status change to H1b from L2 on October 1st without going to India for H1b stamping?

[raghvi]

Hello everyone,

Husband is working on L1B. L1B stamped Visa validity date is August 2010 to July 2013. His L1B to H1B visa COS was not selected in the 2014 lottery. The company has not applied for his L1B visa extension.
Wife has L2 visa stamped valid till July 2013. She is working on EAD. Her H1b was selected in the 2014 lottery with L2 to H1b COS.
They both traveled outside USA in April 2013 for a week to extended their I94 validity and got it until April 2016.

She has her H1b approval notice now valid till Sept 2014, but USCIS has approved it with Consular processing as she traveled outside USA while her COS was pending. She will have to go to India to get her H1b stamped and then re-enter USA using her H1b stamp.

1) But she doesnt not want to travel to India now. Can she start working on H1b from October 1, 2013.

2) Is there a way to change her status change to H1b from L2 on October 1st without going to India for H1b stamping?

1. The employer can file H1B amendment to try to convert from Consular process to COS. If USCIS approves then she can.
2. Read above, the employer has to file amendment. Going to Canada or neighboring country can also be explored as possibility of H1B stamping.

This is my opinion not legal advice.

[rgusa39]

Thanks Raghvi, what is her status on or October 1st if she doesn't travel outside USA.

[raghvi]

Thanks Raghvi, what is her status on or October 1st if she doesn't travel outside USA.

She would be on L2.

This is my opinion not legal advice.