L1 to H1B Conversion

[suchisteps]

Hi, I'm currently in L1B and have my H1B approved for this year 2015 which I'm might use shortly. I do have some questions and need help from group to clarify.

My L1B-I94 is getting expired by 25th April 2016. My husband and kid are still in L2 status & L2-I94. When I filled H1B, they were not included in H1B petition will be the case. In case if I find a job before 15th April and file my amendment I can continue my stay in US (my understanding) whereas what will happen to their status.

Q1. Are they allowed to stay in US when I switch to H1B ?

Q2. Is there a way, I can convert their status to H1B before their I94 expiry before I move to new job ?

Q3. If I file my extension in L1B, will it buy sometime to carry out my switch over to new job ?

Appreciate all your support.

[raghvi]

Hi, I'm currently in L1B and have my H1B approved for this year 2015 which I'm might use shortly. I do have some questions and need help from group to clarify.

My L1B-I94 is getting expired by 25th April 2016. My husband and kid are still in L2 status & L2-I94. When I filled H1B, they were not included in H1B petition will be the case. In case if I find a job before 15th April and file my amendment I can continue my stay in US (my understanding) whereas what will happen to their status.

Q1. Are they allowed to stay in US when I switch to H1B ?

Q2. Is there a way, I can convert their status to H1B before their I94 expiry before I move to new job ?

Q3. If I file my extension in L1B, will it buy sometime to carry out my switch over to new job ?

Appreciate all your support.

Do you mean H1 was applied as consular process and not as COS?

1. You have to file their L2 to H4 in parallel to your L1 to H1 COS.
2. H1 or H4? They cannot move to H4 unless you move to H1.
3. Maybe, need more details as to what your plan is .

This is my opinion not legal advice.

[suchisteps]

Do you mean H1 was applied as consular process and not as COS?

1. You have to file their L2 to H4 in parallel to your L1 to H1 COS.
2. H1 or H4? They cannot move to H4 unless you move to H1.
3. Maybe, need more details as to what your plan is .

This is my opinion not legal advice.

Hi Raghvi, my H1 is consular process. I looking to convert them to H4 during my change in status. Please review and share your thoughts.

[suchisteps]

Hi Raghvi, my H1 is consular process. I looking to convert them to H4 during my change in status. Please review and share your thoughts.

Hi Raghvi & Others, Pls share your comments.

[raghvi]

Hi Raghvi & Others, Pls share your comments.

As and when you apply L1 to H1 do ensure that you do apply L2 to H4 for your dependents simultaneously. The challenge is to do so before your current L1 I-94 expires. If you file L1 extension as well as H1 COS it can lead to complications if one gets approved earlier than the other.

This is my opinion not legal advice.