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.
1 Answer from Attorneys
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
www.meyner.com
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