L2 to H1B

[Anil786]

Hi,

My Husband is on L1 B Visa and i came on L2 dependent visa. the Visa and I94 got expired on Jan 15th 2013. We applied for L1B extension in Jan, We got RFE and now our extension status is in pending.

Can we both apply for new H1B in April 2013. kindly help me.

[raghvi]

Hi,

My Husband is on L1 B Visa and i came on L2 dependent visa. the Visa and I94 got expired on Jan 15th 2013. We applied for L1B extension in Jan, We got RFE and now our extension status is in pending.

Can we both apply for new H1B in April 2013. kindly help me.

Yes you can. The New H1 for both of you can start only from 01-Oct-2013. Without getting a L1 extension approval your stay beyond Jan 15th 2013 will be considered out of status. So in order for you to be valid from 15th Jan til 01-Oct (or H1 start date) your spouse's L1 as well as your L2 extension should be approved. Otherwise you would have to leave US and return around 01-Oct-2013 on respective H1s after getting H1 stamping abroad.

Recommended to upgrade L1 extension request to premium in order to get speedier decision on L1 and L2. If L1 extension request rejected, leave US and go for H1 stamping after H1 approval at a US consulate outside US and return on H1 on or around respective H1 start dates.
If L1 extension approved, file L1 to H1 and L2 to H1 as COS when H1 cap opens on 01-April-2013.

This is my opinion not legal advice.