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Change of Status from L1 to H1
Anonymous3 views4 answers
I am working on L1 A and my husband has an L2 EAD. He is working on a job currently. We both had filed for H1-B (Cap) petition (Change of Status) individually in April. I have received my receipt number, but my husband has not received it yet :-( . My question is if my H1-B petition (COS) is approved and my spouse's petition is returned, then my L-1 status will be invalidated on October 1 ? Is there any option to continue on L-1 only and not take the H-1B ? Is it possible only with withdrawing the H-1B petition ? Kindly advise.
If you are granted a change of status to H1b, then you will no longer be an L1A. If you do not wish to be an H1B, you should withdraw your request for change of status.
Robert L. SmithImmigration AttorneySan Francisco, CA ·
Are you concerned about work authorization for your spouse? Do you have an approved I-140? Is your H-1B petition for the same employer as your L-1A? It is safe to assume your husband did not make the H-1B cap, and your status will change as of October 1st. If you are in L-1A status and your employer is willing to file an I-140 on your behalf, it is possible that your I-140 would be approved in time for your husband to apply for EAD based on his H-4 status October 1st.
I agree with Stephen. you can't be on two statuses at the same time. If f you want your spouse to continue with his work permit then your employer needs to withdraw your H-1B petition preferably before it is approved.
