Idnahc

Hello,
My fiance has been in L1B for the past 1.5yrs with a company A in East
Coast. I have been working on a H1B visa. We are due to get married
before the end of the year. She might get transferred to West Coast,
where I live and she could continue to work in company A without
changing visa status. Just as a precautionary measure, we wanted to get
an H1B filed, since if company A cannot place/transfer her to West
Coast, she could work on H1B. 2 companies (consultants) offered to file
for her H1B and since we were not sure if she would make it within the
quota, we went along with filing H1B from both these companies. I am not
sure if the companies filed the H1B petition requesting for a change of
status or not.
First of all, is it ok to file for 2 H1B's?
Since we have to travel back to India and return to US in January, is it
ok for her to enter US in her L1B visa, even if the H1Bs are approved?
In January, if she wants to work for one of the two companies that filed
for her H1B, should she go back to India to get the H1B stamping before
starting work or can she start work immediately, eventhough her passport
stamping is still on L1B.
Also, is there a time period before which she should get her stamping
for H1B or is it ok to hold it up longer?

Please advise. Thanks in advance

Jozef

"idnahc" <member29208@british_expats.com> wrote in message
news:31$255087$1668853$...
    > Hello,
    > My fiance has been in L1B for the past 1.5yrs with a company A in East
    > Coast. I have been working on a H1B visa. We are due to get married
    > before the end of the year. She might get transferred to West Coast,
    > where I live and she could continue to work in company A without
    > changing visa status. Just as a precautionary measure, we wanted to get
    > an H1B filed, since if company A cannot place/transfer her to West
    > Coast, she could work on H1B. 2 companies (consultants) offered to file
    > for her H1B and since we were not sure if she would make it within the
    > quota, we went along with filing H1B from both these companies. I am not
    > sure if the companies filed the H1B petition requesting for a change of
    > status or not.
    > First of all, is it ok to file for 2 H1B's?

Yes

    > Since we have to travel back to India and return to US in January, is it
    > ok for her to enter US in her L1B visa, even if the H1Bs are approved?

If one of the H-1Bs is approved and comes with a new I-94 card, she will be
in H-1B status and has to start work with the employer who sponsored it.
If she leaves and re-enters the US on her L-1B visa, she will be back in
L-1B status and will have to work for her L-1B sponsor.

    > In January, if she wants to work for one of the two companies that filed
    > for her H1B, should she go back to India to get the H1B stamping before
    > starting work or can she start work immediately, eventhough her passport
    > stamping is still on L1B.

If the H-1B comes with a new I-94 card, she has to start work immediately.
The stamp is only needed if she wants to leave and re-enter the US

    > Also, is there a time period before which she should get her stamping
    > for H1B or is it ok to hold it up longer?

The time limit is the validity of the H-1B approval.

Idnahc

    > "idnahc" <member29208@british_expats.com> wrote in message
    > news:31$255087$1668853$...
    > > Hello,
    > > My fiance has been in L1B for the past 1.5yrs with a company A in
    > > East
    > > Coast. I have been working on a H1B visa. We are due to get married
    > > before the end of the year. She might get transferred to West Coast,
    > > where I live and she could continue to work in company A without
    > > changing visa status. Just as a precautionary measure, we wanted to
    > > get
    > > an H1B filed, since if company A cannot place/transfer her to West
    > > Coast, she could work on H1B. 2 companies (consultants) offered to
    > > file
    > > for her H1B and since we were not sure if she would make it within
    > > the
    > > quota, we went along with filing H1B from both these companies. I am
    > > not
    > > sure if the companies filed the H1B petition requesting for a change
    > > of
    > > status or not.
    > > First of all, is it ok to file for 2 H1B's?
    > Yes
    > > Since we have to travel back to India and return to US in January,
    > > is it
    > > ok for her to enter US in her L1B visa, even if the H1Bs are
    > > approved?
    > If one of the H-1Bs is approved and comes with a new I-94 card, she
    > will be
    > in H-1B status and has to start work with the employer who sponsored
    > it.
    > If she leaves and re-enters the US on her L-1B visa, she will be back
    > in
    > L-1B status and will have to work for her L-1B sponsor.
    > > In January, if she wants to work for one of the two companies that
    > > filed
    > > for her H1B, should she go back to India to get the H1B stamping
    > > before
    > > starting work or can she start work immediately, eventhough her
    > > passport
    > > stamping is still on L1B.
    > If the H-1B comes with a new I-94 card, she has to start work
    > immediately.
    > The stamp is only needed if she wants to leave and re-enter the US
    > > Also, is there a time period before which she should get her
    > > stamping
    > > for H1B or is it ok to hold it up longer?
    > The time limit is the validity of the H-1B approval.

Thanks a lot Jozef for your reply. It really clarifies things for us.
Just one last question. Is it ok to travel to india & come bak (on her
L1B) when the H1B petition is pending approval?

Thanks.

Jozef

"idnahc" <member29208@british_expats.com> wrote in message
news:31$255087$1670521$...
    > > "idnahc" <member29208@british_expats.com> wrote in message
    > > news:31$255087$1668853$...
    > > > Hello,
    > > > My fiance has been in L1B for the past 1.5yrs with a company A in
    > > > East
    > > > Coast. I have been working on a H1B visa. We are due to get married
    > > > before the end of the year. She might get transferred to West Coast,
    > > > where I live and she could continue to work in company A without
    > > > changing visa status. Just as a precautionary measure, we wanted to
    > > > get
    > > > an H1B filed, since if company A cannot place/transfer her to West
    > > > Coast, she could work on H1B. 2 companies (consultants) offered to
    > > > file
    > > > for her H1B and since we were not sure if she would make it within
    > > > the
    > > > quota, we went along with filing H1B from both these companies. I am
    > > > not
    > > > sure if the companies filed the H1B petition requesting for a change
    > > > of
    > > > status or not.
    > > > First of all, is it ok to file for 2 H1B's?
    > >
    > > Yes
    > >
    > > > Since we have to travel back to India and return to US in January,
    > > > is it
    > > > ok for her to enter US in her L1B visa, even if the H1Bs are
    > > > approved?
    > >
    > > If one of the H-1Bs is approved and comes with a new I-94 card, she
    > > will be
    > > in H-1B status and has to start work with the employer who sponsored
    > > it.
    > > If she leaves and re-enters the US on her L-1B visa, she will be back
    > > in
    > > L-1B status and will have to work for her L-1B sponsor.
    > >
    > > > In January, if she wants to work for one of the two companies that
    > > > filed
    > > > for her H1B, should she go back to India to get the H1B stamping
    > > > before
    > > > starting work or can she start work immediately, eventhough her
    > > > passport
    > > > stamping is still on L1B.
    > >
    > > If the H-1B comes with a new I-94 card, she has to start work
    > > immediately.
    > > The stamp is only needed if she wants to leave and re-enter the US
    > >
    > > > Also, is there a time period before which she should get her
    > > > stamping
    > > > for H1B or is it ok to hold it up longer?
    > >
    > > The time limit is the validity of the H-1B approval.
    > Thanks a lot Jozef for your reply. It really clarifies things for us.
    > Just one last question. Is it ok to travel to india & come bak (on her
    > L1B) when the H1B petition is pending approval?

Yes, that is not a problem. Keep in mind though that if the H-1B approval
arrives while she is in India she will have to apply for an H-1B visa at the
consulate, or file an I-539 change of status application from L-1B to H-1B
after she re-entered the US on her L-1B visa.