L1-H4-H1B(TxH1B Plz suggest)

[H1Lucky]

My wife is working on L1B right now.She has a H1B approved from last year( 2008) but not stamped.I have following questions -

1) Is it possible to apply change of status from L1B to H4 and later on when she will get a project apply H4 to H1 Change of status.She wants to stay on dependent visa for couple of months.

2) Can multiple change of status are allowed or we have to go out of USA for stamping?

Please reply

Thanks

[txh1b]

Was the H1b approved as a COS? Does it have an I-94?

[H1Lucky]

Was the H1b approved as a COS? Does it have an I-94?

It was applied as CP and no I-94 associated with that.
I checked with company who applied H1b and they are telling that if she is coming on H4 then later on they can not apply change of status to H1B and she has to go back home country for H1B stamping.

Please suggest whether we can change the status H4 - H1B in USA.

Thanks

[tomganesh]

Pls help for L1 - H4 query

Hi,

I am in L1B and valid until 31st Aug 2009(just one more month). My I-94 also valid until 31st Aug 2009. My wife is pregnant and she is also working in US on H1B visa.

1)Can I apply H4, since my wife is on H1B and stay US after 31st Aug 2009(eventhough I do not have valid I-94)?

Also I did not ask my employer to file for L1B Extension, since I heard lot of L1B Ext is rejected.

2) If suppose my employer filing L1B extension for me and is rejected, then can I file for H4 and stay US with H4 status?

Could anybody please clarify above 2 items?

Thanks in advance.

[H1Lucky]

It was applied as CP and no I-94 associated with that.
I checked with company who applied H1b and they are telling that if she is coming on H4 then later on they can not apply change of status to H1B and she has to go back home country for H1B stamping.

Please suggest whether we can change the status H4 - H1B in USA.

Thanks

TxH1B please suggest.

[txh1b]

It was applied as CP and no I-94 associated with that.
I checked with company who applied H1b and they are telling that if she is coming on H4 then later on they can not apply change of status to H1B and she has to go back home country for H1B stamping.

Please suggest whether we can change the status H4 - H1B in USA.

Thanks

The company or whoever told you that is outta their wits. A COS amendment can be done to H1b later on by the company. A new employer can also file for a H1b+COS using the copy of the approval form/I1797.

[txh1b]

Hi,

I am in L1B and valid until 31st Aug 2009(just one more month). My I-94 also valid until 31st Aug 2009. My wife is pregnant and she is also working in US on H1B visa.

1)Can I apply H4, since my wife is on H1B and stay US after 31st Aug 2009(eventhough I do not have valid I-94)?

Also I did not ask my employer to file for L1B Extension, since I heard lot of L1B Ext is rejected.

2) If suppose my employer filing L1B extension for me and is rejected, then can I file for H4 and stay US with H4 status?

Could anybody please clarify above 2 items?

Thanks in advance.

Do not hijack other's thread. Start a new one for your problem.

1. Yes, you can. It is called period of authorized stay on a pending application.
2. Yes but the H4 has to be filed before your I-94 expires. The last action rule comes into picture. Read about it.

[H1Lucky]

The company or whoever told you that is outta their wits. A COS amendment can be done to H1b later on by the company. A new employer can also file for a H1b+COS using the copy of the approval form/I1797.

Thank you so much for helping me and giving your suggestion.One more question-

Once we will apply for COS and get the approval then is it possible to go canada for stamping or we have to go home country for H1B satmping?
Is it safe to visit canada for stamping? plz suggest.

Thanks in Adavnce.

[txh1b]

It is a matter of personal choice if you have a US degree. If you have a foreign degree, first time stamping in home country is recommended.

[H1Lucky]

It is a matter of personal choice if you have a US degree. If you have a foreign degree, first time stamping in home country is recommended.

My wife is getting job and i am planning to file COS L1 to H1 instead of L1 to H4.Plz suggest -
1) Can Current company (who is holding L1B visa ) ask for Change of status proof? If we will tell that we have filed H4 then can compny ask for any filing proof?
2) If they will ask what proof we can show them?
3) Is there any way to find out current visa status for company?We inform them that we are filing L1 to H4.

Plz suggest.

Thanks.

[txh1b]

It is not the business of your current company at all to ask for these. They have got nothing to do with your status in the future or COS.

[H1Lucky]

It is not the business of your current company at all to ask for these. They have got nothing to do with your status in the future or COS.

Thanks txh1b..
I am little bit worried with current situation and asking you my question again in different way.Please respond -

I have some questions related to Change of status and if Seniors can suggest then it will be very helpful for me.

My wife is working on L1B visa and her project is getting over in next week. She has a approved(applied in 2008) H1B visa from last year applied as CP(Not as COS).My questions are -

1) If I will file change of status to dependent visa -H4(Me on H1B) then later on if she will get some project through her employer on H1b, can we file change of status again?

2) Is there any specific time span after that only person can file change of status? In other words can we file L1B - H4 and H4- H1B with in 10-15 days of time.

3) Her employer still couldn't able to find project for her but some place she has given interview and waiting for joining date. If she will get confirmation for any project after 1 or 2 weeks of filing L1B to H4 then can we file H4 - H1 or we have to withdraw I-539(L1B to H4) and file another change of status(L1B to H1B)?

[txh1b]

1. Yes, Read about bridging though. A better approach would be for getting a H4 stamp from Can/Mex and return on H4. Once a job is available, they can convert to H1b from H4 than go through two competing petitions dealing with bridging.
2. It will be L1b-H4 and L1b - H1b (using the pending H4 as a bridge). If you read about #1, you will figure out what I am saying. Use the search function and keyword.
3. You can do that but the intermediate period on a authorized period of stay due to the pending petition will be questionable at a later date. Better avoid the situation and also read about last action rule.

[H1Lucky]

1. Yes, Read about bridging though. A better approach would be for getting a H4 stamp from Can/Mex and return on H4. Once a job is available, they can convert to H1b from H4 than go through two competing petitions dealing with bridging.
2. It will be L1b-H4 and L1b - H1b (using the pending H4 as a bridge). If you read about #1, you will figure out what I am saying. Use the search function and keyword.
3. You can do that but the intermediate period on a authorized period of stay due to the pending petition will be questionable at a later date. Better avoid the situation and also read about last action rule.

Thanks for replying me..

I am unable to find bridging. where exactly i should find? i google it but could'nt find anything relevent.Pls give some pointers..

As you mentioned -"intermediate period on a authorized period of stay due to the pending petition will be questionable at a later date"
Later date you mean to say in GC process?

[txh1b]

Search on the forum, not google.