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    confusedUser's Avatar
    confusedUser Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 30, 2010, 10:29 AM
    L1-H4 or L1-F2 confused!!
    Hi

    I have a very confusing situation and I hope someone's answer can

    Help me out of this situation!

    I am working on L1 and my husband is on F1
    He has found an employer and they want to file for his H1B this

    April. They are also ready to file for H4.

    Since I am trying to get an internal transfer to the same location,

    So that I can continue working, we are not very keen to file for my

    H4

    But the questions that I would like some clarity on are :

    1) Can I file for H4 along with my husband and if I find a project

    In the same location as his, can I get my approved H4 cancelled,
    My husband's company is going to do a premium processing.

    2) Assuming we don't file for my H4, I try to find a project through my

    Company and I am unable to find one, should I be applying for a
    a)COS to F2, because till Oct he will be on F1?
    b)COS to H4, because he will have an approved petition by then

    3) Assuming I apply for COS from L1 -> F2 and get the receipt

    Number, but no approval decision is made till Oct 1st. Does that

    Mean I am no longer in status, because my husband moved to H1B?
    Am I accumulating Out of Status?
    Any ideas on how to handle this.


    4) If by Oct I get my approved F2 status with new I94, should I

    Apply for COS again to H4 before Oct 1st or after Oct 1st? What's the

    Process?

    Thanks a lot in advance.
    Appreciate everyone's help!!
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #2

    Jan 30, 2010, 12:57 PM

    When you are on H-1 or L-1, you're supposed to have a job waiting NOT waiting for project... this is violation of the visa. Consult the company's attorney only.

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