L1B to H4 & Back to L1

[onlykewal]

Hi Experts,

I have a question. This is for my wife. Who is currently in US on L1B Visas. I am in situation where I would need your expert advice.
She has been in US on L1B for 3 years now and her visas until mid next year.
Since her project was ending last month, she was asked to go back to India or Resign from onsite in US. We chose the later to resign & change her status to H4. We filed her change of status application (I-539) for L1B to H4 (this was a day before she was to drop her resignation). The next day she got a call from her company that she has an opportunity to join the project in US and her stay is extended.
Now, I need your help how to proceed further.
1) whether to withdraw the H4 application (If that is possible)?
2) In case she gets her approval for change of status for H4, does her L1b
gets cancelled automatically ?
3)Can she retain her status from H4 to L1B by re-entering the country from
canada ? (In this case if she goes out of the country to canada is it
necessary for her to appear for counseller processing for H4 visa status no
matter what visa she uses to re-enter)

Please advice.

Thanks,
Kewal

[txh1b]

1. Possible but there is a chance for it to be approved even before the withdrawal letter is looked at by USCIS which would leave her on H4 status.
2. Her L1b petition remains valid however, she will not be in L1 status as a COS is approved and she has to stop work.
3. She can travel and return and get a new I-94 if she wants to remain on L1. Note that travel of Canada/Mexico does not get one a new I-94 if it is for less than 30 days. One has to make sure they get a new I-94 to void the COS request that is pending. There is no mandatory need to attend stamping for H4 or any status. Petition, status and visa are different things.

Talk to your HR and company lawyers. They should be able to guide you through the mess they created for you. They should sponsor a trip overseas and let her return back on L1 at their expense.