H1 & H4 status queries?

[H1related]

Hello Everybody,
I am currently in USA from company A with L1B visa valid till Feb2014. My family is currently in L2 visa with the same validity in India. Another B company is offering me H1B visa, If my H1B visa goes through, I am planning to bring my family here after stamping H4 on their passport as they are currently in India. As there will have H4 stamps which is valid from Oct-01-2013 & I will call them here before that so they will be entering the USA based on L2B visa from company A & get aI-94 based on L2B. My question,
1)If company A cancel my L1B & there L2B after I leave the company i.e. from Oct-01, so in that case they will have a valid H4 visa but not have a I-94, Are they will be illegal to stay in USA & is there no problem for extension of there H4 visa?
2)As My next plan is to go alone some time later & get my H1 stamp in India & re-enter in the USA? Do I need to take my family with me as there H4 is already stamped, but without I-94 as they enter previously in the USA based on L2B & L2B is cancelled there I-94 is no longer valid, Do I need to re-enter in the USA with my family just to get I-94 based on H4 visa or there is no issue to stay them in the USA without I-94 with a valid H4 visa?

[kabkaba]

There are many things for you to consider.

1. It is possible that when they apply for H4 Visas, the L2 Visas in their passport may get canceled. If that happens they will have to enter in H4 status on or after Oct 1.
2. They can only enter in L2 status before Oct 1 and H4 status after Oct 1.
3. If they enter in L2 status before Oct 1, and if your status is changed to H1 from Oct 1, your dependents will have to file I-539 to change their status to H4. (This answers your Q1). They must file this before Oct 1 and after it is approved they will have new I-94's showing H4 status.
4. If your status changes to H1 on Oct 1, you yourself will have to stop working for the L1 employer on Sep 30 and join the H1 employer on Oct 1.

[H1related]

Thank you Kabkaba,

What percentage of chances that there L2 visa get cancelled? If there L2 visa gets cancelled does my company who sponsor L1 for me & L2 for them get notified by by embassy?

If I call them here without making H4 for them (i.e. on their current L2) How do they are legal in US after Oct 1, considering my old company cancel my L1 & there L2 visa? If they come here in june or july Can I get H4 approved for them before Oct 1 as my H1 is already approved?

[kabkaba]

Thank you Kabkaba,

What percentage of chances that there L2 visa get cancelled? If there L2 visa gets cancelled does my company who sponsor L1 for me & L2 for them get notified by by embassy? --Only the Visa in their passport gets canceled. Your L1 Visa or the underlying petition does not get canceled and nobody else is informed about it.

If I call them here without making H4 for them (i.e. on their current L2) How do they are legal in US after Oct 1, considering my old company cancel my L1 & there L2 visa? If they come here in june or july Can I get H4 approved for them before Oct 1 as my H1 is already approved?
-- Since your status is changed on Oct 1, the requirement for them is that they must have filed (according to USCIS receipt date) the I-539 change of status form before Oct 1. It is okay if the decision arrives later (as long as it is approval). But from June-July to Oct 1 there is plenty of time to even get a decision. They can file the I-539 immediately after arriving in the US in L2 status.

See above.

[H1related]

Thank you Kabkaba,

For now, if we consider everything goes smooth, means they (My wife & kids) come here on L2 before Oct 1, Then I or my new company apply for their I-539, then they will receive a new I-94 of H4 status on which starting date is Oct 01st to till 3 years (by default) In case during this 3 year period they do not go out of the USA or do not go to India,

After three years, are they eligible to apply for an extension of H4 visa as they just got the a valid I-94 but never got an H4 stamp on their visa? For your information, I & they are having a clear history, we are never out of status or illegally staying in the USA.
Same thing for me, if I do not go out of the USA or to India & does not get a visa stamp on my passport am I eligible for an extension of H1?

Thanks you for guiding me through this.

[raghvi]

Thank you Kabkaba,

For now, if we consider everything goes smooth, means they (My wife & kids) come here on L2 before Oct 1, Then I or my new company apply for their I-539, then they will receive a new I-94 of H4 status on which starting date is Oct 01st to till 3 years (by default) In case during this 3 year period they do not go out of the USA or do not go to India,

After three years, are they eligible to apply for an extension of H4 visa as they just got the a valid I-94 but never got an H4 stamp on their visa? For your information, I & they are having a clear history, we are never out of status or illegally staying in the USA.
Same thing for me, if I do not go out of the USA or to India & does not get a visa stamp on my passport am I eligible for an extension of H1?

Thanks you for guiding me through this.

Extension after 3 Years H1 will depend upon your total stay in US till then.

L1+H1 can be for max 6 Years. If you want to extend beyond the 6th Year then you have to file GC 365 days before 6th Year completion date, that is, GC has to be filed for you before 5th year stay completion, in other words to be on safe side file/start the process of GC for you and your dependents in your 4th Year of stay.

This is my opinion not legal advice.

[H1related]

Thank you for the quick reply.

I will complete 2.5 years till Oct 1st, so considering that 2.5 years on L1+ 3 years H1 + I need 6 months extension if I do not go for GC. I want to know am I & my family (wife & kids) are eligible to get that 6 months an extension to complete 6 years if we do not have a visa stamp on passport but a valid I-797 & I-94?

If incase I apply for GC in my fourth year still I need to get that 6 months extension Plus a waiting period for to get yes or no for the GC I applied for, If I & my family never get a stamp H1/H4 on passport do we eligible for getting an extension & also eligible for getting a GC considering everything goes well, I just want to know whether we are eligible to apply for an extension & a GC without is an actual H1/H4 visa stamped on our passport, whether we get GC or not that's another part of the story. I am just concerned about the eligibility or to get an extension & a GC application we need to have an actual visa in our passport?

[raghvi]

Thank you for the quick reply.

I will complete 2.5 years till Oct 1st, so considering that 2.5 years on L1+ 3 years H1 + I need 6 months extension if I do not go for GC. I want to know am I & my family (wife & kids) are eligible to get that 6 months an extension to complete 6 years if we do not have a visa stamp on passport but a valid I-797 & I-94?

If incase I apply for GC in my fourth year still I need to get that 6 months extension Plus a waiting period for to get yes or no for the GC I applied for, If I & my family never get a stamp H1/H4 on passport do we eligible for getting an extension & also eligible for getting a GC considering everything goes well, I just want to know whether we are eligible to apply for an extension & a GC without is an actual H1/H4 visa stamped on our passport, whether we get GC or not that's another part of the story. I am just concerned about the eligibility or to get an extension & a GC application we need to have an actual visa in our passport?

Your status while in US is determined by I-94. So as long as you have a valid I-94 and are within the stipulated time frame allowed for a particular status, you are good.

Technically you should be eligible to get the 6 Months extension as well GC processing and further stay without having a visa stamping done...if done timely and everything else goes well .... unless they change the immigration rules.

This is my opinion not legal advice.

[kabkaba]

Thank you Kabkaba,

For now, if we consider everything goes smooth, means they (My wife & kids) come here on L2 before Oct 1, Then I or my new company apply for their I-539, then they will receive a new I-94 of H4 status on which starting date is Oct 01st to till 3 years (by default) In case during this 3 year period they do not go out of the USA or do not go to India,

-- They apply for their own extension. You or your employer only assist them with it. The duration of their H4 status will depend on your H1 status duration.

After three years, are they eligible to apply for an extension of H4 visa as they just got the a valid I-94 but never got an H4 stamp on their visa? For your information, I & they are having a clear history, we are never out of status or illegally staying in the USA. -- Yes, they can apply to extend their H4 status at that time.
Same thing for me, if I do not go out of the USA or to India & does not get a visa stamp on my passport am I eligible for an extension of H1? -- Yes, as long as you have time remaining in your 6 year limit, your employer can file an extension for you.

Thanks you for guiding me through this.

See above.