I am on L1 visa right now and have a question before I apply for H1 visa. I am getting married in next 6 months and getting a work permit on H4 for my future spouse is difficult than getting one on L2. In the case where I am selected for H1 - 1. Do I get to choose between using L1 visa over H1 visa for the high chances of spouse getting a work permit? 2. If yes, will the H1 visa time start ticking even if not used?
There are 2 options while filing applying for h1b. 1) Consular processing 2) Change of status. #2 is like it your will be moved to h1b the moment it’s approved ( may be in October’s timeframe). If you don’t want immediate switch, you could ask your lawyer to do in #1. With this, You can switch to h1b whenever you want but you may be required to go out of states for visa stamping.
Thanks. This helps.
Why are you applying for an H1? It’s easier to get a GC on L1 as well...
Not anymore, if you are from India then you are in a line for at least 3-4 years which will most likely increase as more folks are applying these days under EB1c.
L1 does not take country of origin into account. Even if it takes 3-4 years, it is still faster than waiting forever (assuming you are Indian...)
If you get selected in April, it won't take effect until October so you can withdraw and stay on L-1 if you like. That said, your wife can work on L-2 but cannot work on H-4. If you have an approved i-140, the H-4 EAD exists currently but is going away.
Consular processing is the best option for you.
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