L1B to H1B

[Moresh]

Hi,
I work with company A, being on L1B visa. My wife has L2 EAD and works with company B. My L1B visa is expired and have I-94 until 20th May'14. My employer (comp. A) is going to file L1B visa extension next month. My wife's employer is going to file H1B for her this year. Also, I got an offer from company C that they can file my H1B this year if I switch to them. I have some questions regarding all this going to happen in the same year-

i) I understand that if L1B is rejected, both of us will have to go back to home country and return after 1 Oct'14, if H1B gets approved. What if L1B gets approved too? Do I need to file for L2 while applying for L1B?
ii) If L1B extension process is filed in May and if decision on L1B is processed after the decision on H1B, then H1B will be voided?
iii) If my H1B gets denied, can I later file an H4 ?
iv) if my H1B gets approved later than L1B, can I have choice to be on L1B ?

I hope I stated the questions simplified. Answers to these and any more information would be of great help to me.

Thanks!

[raghvi]

Hi,
I work with company A, being on L1B visa. My wife has L2 EAD and works with company B. My L1B visa is expired and have I-94 until 20th May'14. My employer (comp. A) is going to file L1B visa extension next month. My wife's employer is going to file H1B for her this year. Also, I got an offer from company C that they can file my H1B this year if I switch to them. I have some questions regarding all this going to happen in the same year-

i) I understand that if L1B is rejected, both of us will have to go back to home country and return after 1 Oct'14, if H1B gets approved. What if L1B gets approved too? Do I need to file for L2 while applying for L1B?
ii) If L1B extension process is filed in May and if decision on L1B is processed after the decision on H1B, then H1B will be voided?
iii) If my H1B gets denied, can I later file an H4 ?
iv) if my H1B gets approved later than L1B, can I have choice to be on L1B ?

I hope I stated the questions simplified. Answers to these and any more information would be of great help to me.

Thanks!

1. Yes you should file both L1 and L2 extension together as I would assume your wife's L2 I -94 is also expiring along with your I-94.
2. Generally in such cases for the H1 petition USCIS raises a RFE to first prove L1 extension granted, if you are not able to provide the L1 extension approval within the RFE the H1 is approved as consular process, if everything else is fine with the H1 application.
3. Nope you and your wife will both have to go out of US and you will have to get a new L1/H1/H4 and your wife will have to get a new H1 for you to ge a H4.
4. Not if H1 is approved as COS.

This is my opinion not legal advice.

[Moresh]

L1B to H1B

Thanks for the answers. My wife has i-94 date greater than me (i.e. until 2015), still I believe she will have to follow my i-94 date since she is on dependent visa (L2).
As the company C is going to apply H1B for me, I believe it will not be a COS and will be a consular H1B processing. (I believe only my company A can apply for a COS, right?).

[raghvi]

Thanks for the answers. My wife has i-94 date greater than me (i.e. until 2015), still I believe she will have to follow my i-94 date since she is on dependent visa (L2).
As the company C is going to apply H1B for me, I believe it will not be a COS and will be a consular H1B processing. (I believe only my company A can apply for a COS, right?).

You are right, your spouse should not have typically got the I-94 beyond your I-94, but it generally happens when the individuals travel separately.

As for H1 as COS, technically any company can file a H1 as COS for you. But the COS approval will depend upon you first securing the L1 extension approval.

This is my opinion not legal advice.

[Moresh]

L1B to H1B

Thanks Raghvi for the quick reply. So, this does not apply in case of new H1B i.e. consular H1B processing, right? I mean, for consular H1B processing they will not check the status on L1B extension?

[raghvi]

Thanks Raghvi for the quick reply. So, this does not apply in case of new H1B i.e. consular H1B processing, right? I mean, for consular H1B processing they will not check the status on L1B extension?

By Consular Process it means your H1 will be approved only if you travel outside US, and get a H1 stamping at a US consulate outside US.

When you go for H1 interview you would anyhow have to mention if your visa extension was rejected.

This is my opinion not legal advice.