Legal Question in Immigration Law in New Jersey

L2 to H1 transfer

I am on H1B visa working for Company A and petition expires in Sept 09

(first 3 year period). My wife has L1B visa working for a company B since

Feb 08. My job is getting over this month end (Mar 09) and I have a plans to

visit India in April. We are thinking to apply L2 visa for me and get it

stamped while I am in India.

Here are the questions. Could you please clarify.

1.Can I apply COS to H1B with new employer or Current employer who is

holding H1B once I come back on L2 ?

2. Can I apply COS to H1B in Premium processng ?,

3.What happens if I want to change COS to H1B afer Sept 09, because my

current H1B petition expires in Sept 09 ?

4.Once I am in L2, I may not have the paystubs, what's the implication if I

apply for COS to H1B ?

Thanks much in advance.


Asked on 3/19/09, 7:25 pm

1 Answer from Attorneys
Anthony Siliato Meyner and Landis LLP

Re: L2 to H1 transfer

1. Yes, you may.

2. Yes, you may.

3. That would not be an issue.

4. You would need to show that your spouse has maintained L-1B status and that you have not worked without authorization.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

Read more
Answered on 3/19/09, 9:12 pm


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