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H1B Approved while L1B Extension is in pending. Urgent Help.

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  • H1B Approved while L1B Extension is in pending. Urgent Help.

    Currently on L1B Visa. Employer A also applied for L1B and L2 extension before Expiry of L1B and L2.
    My L1B extension from Employer A got RFE, have to replay by November 22. L2 extension for dependents , status of L2 still shows inprogress.

    Employer B applied for H1B COS much before my L1B Expirey and
    Mean while H1B from employer B got approved, but he missed to apply L2 to H4 COS for spouse.

    Now we are plannign to apply L2 to H4 COS for dependents.I am Planning to join H1 employer in November.

    Questions :
    1)Can I join H1B even my L1B extension is still pending?
    2)what about dependents status ,in status? how soon should I convert L2 TO H4
    3)since my H1 is approved and H1 Employer missed to apply L2 , what are chances of getting L2 to H4 COS with out leaving country.
    4)is it true like dependents should leave the country immediately and come back with stamped visa

  • #2
    Originally posted by rchandan20 View Post
    Currently on L1B Visa. Employer A also applied for L1B and L2 extension before Expiry of L1B and L2.
    My L1B extension from Employer A got RFE, have to replay by November 22. L2 extension for dependents , status of L2 still shows inprogress.

    Employer B applied for H1B COS much before my L1B Expirey and
    Mean while H1B from employer B got approved, but he missed to apply L2 to H4 COS for spouse.

    Now we are plannign to apply L2 to H4 COS for dependents.I am Planning to join H1 employer in November.

    Questions :
    1)Can I join H1B even my L1B extension is still pending?
    2)what about dependents status ,in status? how soon should I convert L2 TO H4
    3)since my H1 is approved and H1 Employer missed to apply L2 , what are chances of getting L2 to H4 COS with out leaving country.
    4)is it true like dependents should leave the country immediately and come back with stamped visa

    When is your L1 I-94 expiry? When is your L2 dependents I-94 expiry? When is your H1 start date?
    If your H1 approval date is already in the past then you should be working only with the H1 employer from that day.
    1. You should work only with H1 employer from H1 start date working with L1 employer after H1 approval date is wrong.
    2. From H1 start date your L1 is no longer valid, hence L2 is also no longer valid. You dependents should be on H4 from your H1 start date , if not, then they are are out of status.
    3. As said, if the L2 dependents dont move to H4 along with primary L1 moving to H1 a change of status later to H4 is not possible as they are already out of status.
    4. If dependents are out of status the only way to get on H4 would be to leave US, get H4 stamped and return on H4, provided you are maintaining valid H1 status.

    This is my opinion not legal advice.

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