Olga

Hello,

I'm on H4, currently residing in USA. I used to work for a US company branch back in
my home country before moving here. Now this company wants to hire me here. At first,
they were going to do H4->H1B transfer for me, hired a lawyer, and now the lawyer
says that a better way is to do L1B as I used to work for this company. Here are my
questions:

1. I quit my job with this company and moved to USA in November 2000. Is L1B still
an option in such case?
2. Do I have to leave USA to change my status from H4 to L1B?
3. My husband and I are in the process of EBGC sponsored by his company (DOL step).
Would giving up H4 status cross me out of GC process?
4. If I loose my L1B status later, how complicated would it be to get back to H4
(assuming my husband is still on H1B)?
5. Any bad/good things I should be aware of if I go the L1B way?

Thank you in advance,

--
Olga

Sylvia Ottemoeller

Olga wrote:

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Yes. You must have worked for the related company outside the U.S. for at least one
year within the previous three years. That's certainly possible if you have been here
for only 9 or 10 months. See http://www.americanlaw.com/l-1.html.

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No. The prospective employer can request that your status be changed within the U.S.,
right on the I-129 L-1B petition form.

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No. You are free to hold any valid status in the U.S., and still file Form I-485 as
his dependent.

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Easy. You would file Form I-539 requesting a change from L-1B to H-4. You can go off
the payroll of the company the day that INS receives the I-539, and your stay in the
U.S. is authorized as an applicant for change of status.

The moment your I-485 is filed, you can leave the payroll of the L-1B company any
time, and your stay remains authorized.

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Can't think of anything in particular.