L1 to H4 to H1

[h1bquery]

Hi,

My spouse is on a long term L1 with a multinational firm while I am on an H1. We are in senior positions with our firms. Due to the challenges in economy, my spouse's assignment ends on Feb 27, 2009. Can my spouse apply for H4 and then move to H1 may be next year or this year? I have the following questions:

a) If my spouse applies for H4 COS this week, when does it become effective?
b) Can we mention a start date of Feb 28, 2009 for the H4?
c) Also, if my spouse applies for an H1 this year, the application has to be submitted by April 1, 2009. My spouse is a US Master's Graduate. Will the time window between L1 to H4 COS and H4 to H1 overlap?
d) I dont know when the L1 to H4 COS will come through but will it impede the H1 application?
e) I read on the forums that new H1 are facing RFEs with client letters/client evidence. How can a job that starts in October already provide Client Letters as response to RFE? Especially if you are a new employee in the firm.

I would really appreciate your response.

[txh1b]

a. When it gets approved.
b. As long as it is applied before current L1 terminates, you will be fine with authorized stay on a pending application. Check form I539. I don't think there is a date to mention.
c. There is a possibility for the H1b to get approved as a CP case if the pending H4 is not approved before April 1st. But as such, H1b is not a problem. COS could be a problem.
d. Only the COS not the H1b.
e. Then the employer does not have a real job that can support a H1b filing and should not file for it in such cases. H1b filing requires a job to exist.

[h1bquery]

My spouse's L1 visa is valid for 2 years. Only the assignment ends on Feb 27, 2009

[txh1b]

That is immaterial. L1 is out of status the day the assignment ends.

[h1bquery]

 But as such, H1b is not a problem. COS could be a problem.

Will COS be a problem even if my spouse applies in the Specialty Occupation cap for H1 and Premium Processing?

We are applying for L1 to H4 COS on Feb 9 in California Service Center. I saw the Processing Times and they are about 3 months for H4. Can we still continue with the H1B application with a COS?

What are the reasons for them referring to the case as a CP?

[h1bquery]

But if the H4 approval has not come through yet, how do we respond to such an RFE? I apologize for the constant stream of questions. Also, when we apply for H1B, can't we mention that we had applied for H4 to continue to remain with family in the interim?

[txh1b]

USCIS requires you to prove continuous status for a COS application. If your status change request for H4 is still pending at the time of H1 application, USCIS does not go back and check (in most cases) and will process the case as a CP case assuming you are not in status or have left the country or could issue an RFE asking for latest I-94 to show proof of status during the processing of H1b.

The employer can apply for a H1b with COS but USCIS can approve it as a CP case based on their findings for reasons aforementioned.

[txh1b]

That is the point! So, if you cannot respond to an RFE, they may deny the case or you could ask them to approve it as a CP case.

Your H1b application could have a copy of receipt for the H4 COS attached and in case it gets approved, they will be able to verify.

But nothing is a given if the bridging status is pending as the officer working on H1b has no way to verify if the bridging status will be approved or denied.