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I am currently on L1B blanket VISA from August 2016. The first 3 year term expires on August 11th 2019 and my I-94 is valid until August 21st 2019. Employer had applied for h1b in the 2020 cap season under consular processing. I have been selected in the lottery but haven't received the approval yet. Since premium processing isn't allowed for consular processing, the approval may be delayed.
My spouse is working on L2 dependent visa. Employer suggested an option that advised me to leave the country before August 21st and return with a H1b stamp starting October 2019. With this option the anticipation is that I will be out of US for 6-8 weeks until I get the H1b stamp.
Questions:
1. Can I be on the employer's payroll after I leave the country on August 21st and until I return on h1b, as I will have neither have L or H visa status during this period?
2. Are there any other options for me to keep my L1b status?
My spouse is working on L2 dependent visa. Employer suggested an option that advised me to leave the country before August 21st and return with a H1b stamp starting October 2019. With this option the anticipation is that I will be out of US for 6-8 weeks until I get the H1b stamp.
Questions:
1. Can I be on the employer's payroll after I leave the country on August 21st and until I return on h1b, as I will have neither have L or H visa status during this period?
2. Are there any other options for me to keep my L1b status?
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