L1 to H1 COS but with a gap

[sk1983]

My L1 expires in early August and my company has filed for H1. The decision on H1 is still pending. Assuming my H1 gets approved and I therefore become eligible from October, I will still be out of status for 2 months for August-September. Also I am not advised to travel outside US as I am pregnant, which I would have done now to fill the gap.

Though I am also eligible for H4 EAD I don't think that would be approved by early August even if I apply on May 26th.

If I apply for COS to H4/B1, could I go on an unpaid leave for that period and still be an employee until my H1 gets effective? Any other suggestions? Anything in AC21 I can make use of?

Thanks

[raghvi]

My L1 expires in early August and my company has filed for H1. The decision on H1 is still pending. Assuming my H1 gets approved and I therefore become eligible from October, I will still be out of status for 2 months for August-September. Also I am not advised to travel outside US as I am pregnant, which I would have done now to fill the gap.

Though I am also eligible for H4 EAD I don't think that would be approved by early August even if I apply on May 26th.

If I apply for COS to H4/B1, could I go on an unpaid leave for that period and still be an employee until my H1 gets effective? Any other suggestions? Anything in AC21 I can make use of?

Thanks

Arent you eligible for FMLA? Search in forum for FMLA.

http://www.dol.gov/whd/fmla/index.htm

This is my opinion not legal advice.

[sk1983]

[QUOTE=raghvi;398427]Arent you eligible for FMLA? Search in forum for FMLA.

Thanks raghvi, but how will FMLA come into play during Aug-Sep? Can I still remain an employee and claim FMLA if I transfer to H4 starting August? Its more about maintaining the status as an employee while on H4 for 2 months.

[raghvi]

[QUOTE=sk1983;398436]

Arent you eligible for FMLA? Search in forum for FMLA.

Thanks raghvi, but how will FMLA come into play during Aug-Sep? Can I still remain an employee and claim FMLA if I transfer to H4 starting August? Its more about maintaining the status as an employee while on H4 for 2 months.

Oh, right I thought you had a valid L1.

In that case, I am afraid you would have to move to H4 and then subsequently move to H1 again. Your concern is right that L1 to H4, and H4 EAD, can both take considerable amount of time but moving to H4 seems the only option to avoid going out of status and avoid having to travel out of US. But you cannot continue to be an employee while on H4 till you get EAD. Even if you apply L1 to H4 now, you would have to stop working. As for applying L1 to H4 and H4 EAD simultaneously, it also entails risks as it can take upto 90 days for it to get approved.


This is my opinion not legal advice.