H1 B Amendment for I 94

[nallavch]

Hello Sir/Madam,

My employer has applied L1 - H1 transfer using COS and H4 for my depedants. The USCIS has approved my H1 B pettition but without COS, so I din't receive I - 94 with I 797. Also, USCIS has rejected my depandants H4 visa stating that "The pettitioner has applied the primary applicant case as consular processing". But when I consulted my employer they said that they applied my H1 under COS, it is a mistake from USCIS.

Now, the attorney has applied for amendment.

Is the amendment takes same time as H1 regular processing i.e., 2 months?

My L1 I-94 is expired now, though the amendment was raised before my I-94 is expired, will USCIS consider my current status or status at the time when the pettition was filed?

Also, what are the chances that USCIS will approve my COS and send I-94?

Please advice.

Thank you in advance!

[shervin143]

Now, the attorney has applied for amendment.
>>> Did they also file the COS for your dependents? If not, when their I-94s expire, they will start accumulating illegal stay.

Is the amendment takes same time as H1 regular processing i.e., 2 months?
>>> Yes. Premium will get you the result within 15 days.

My L1 I-94 is expired now, though the amendment was raised before my I-94 is expired, will USCIS consider my current status or status at the time when the pettition was filed?
>>> As long as the amendment reaches USCIS before your current I-94 expiry date, you are good. Otherwise, it can be an issue.

Also, what are the chances that USCIS will approve my COS and send I-94?
>>> No one can predict that. It is advisable to go for premium and get the result within 15 days instead of waiting for 2 months and then if the amendment gets denied, then you and your family would have accumulated a lot of illegal stay.

[nallavch]

Thanks Shervin for your quick reply!

Meanwhile, my employer has applied for L1 extension, I think to avoid any illegal stay. Do you think even then it would be an illegal stay?

Actually, my dependants I-94 is valid till next year, so my employer was saying that they are legal to stay. Isn't that true?


Also, if the amendment is denied then will my H1 pettition be still valid? then I have to leave to India for stamping rt?

Please advice.

Thank You!

[kabkaba]

Your dependents will have to file another I-539 based on the amendment or an appeal must be filed to the previous I-539. Ask the company attorney once again.

[nallavch]

Hi,

Since, my L1 Extension is applied after my H1 B amendment, will there be any affect on L1 extension decision.

Also, I am legal to stay now in US or not?
( L1 Extension applied after H1 B amendment and before I94 expiry date )


Thanks!

[kabkaba]

Yes, you should be fine.

[nallavch]

Thank You !

[nallavch]

Hello,

Today, my employer has sent me the H1 B petition that was filed to USCIS. I found that they filed it as "Consular Processing" instead of COS. But, they told me that they have filed correctly but the USCIS has given wrong decision and has not sent the I-94. And, then they applied for H1 amendment.

Now, I am not sure if attorney really know weather its mistake in application but not by USCIS. And, even not sure what amendment they have filed.


Any thoughts from experts.

Thanks!

[madhukk]

Hello Sir/Madam,

My employer has applied L1 - H1 transfer using COS and H4 for my depedants. The USCIS has approved my H1 B pettition but without COS, so I din't receive I - 94 with I 797. Also, USCIS has rejected my depandants H4 visa stating that "The pettitioner has applied the primary applicant case as consular processing". But when I consulted my employer they said that they applied my H1 under COS, it is a mistake from USCIS.

Now, the attorney has applied for amendment.

Is the amendment takes same time as H1 regular processing i.e., 2 months?

My L1 I-94 is expired now, though the amendment was raised before my I-94 is expired, will USCIS consider my current status or status at the time when the pettition was filed?

Also, what are the chances that USCIS will approve my COS and send I-94?

Please advice.

Thank you in advance!

Hello

I have exactly same situation, but my L1B got extended parallel. Question is, my would be employer said they will file amendment, please let me know
1) how much does it cost for me for amendment?
2) Can I apply for H4 along with I-94 amendment? (Dependents H4 was rejected because of same above reason)
3) Once I-94 amendment is approved, will I get one/two weeks time to give L1 employer a notice to move to H1 employer? or I should stop working for L1 employer on same I94 start day?

Any experts, please reply. Thanks in advance.