H1 B Extension with L1 to H4 COS for Spouse

[mangai1982]

Hi,

Here is my scenario.

1) My h1 is expiring May 8th. Employer will be filing for extension in the next few days but in Regular processing
2) My Spouse's L1 expiring April 21st. My employer is also filing for a H4 COS for him

BUt they are saying that these two applications may or may not be filed at the same time, and h4 i94 validity will be based on my h1 petition validity.

I am confused now and afraid if there is a chance for my spouse to go out of status during this process.

Questions:

Assuming that my employer is filing these cases independently, how long might be the h4 valid?

Will it be valid till May 8? what happens if the h4 cos gets approved after may 8, but with a validity of may 8. That may mean that he is out of status from may 8 to the approval date, right?

Is there any way to process these peitions in such a way that, my spouse need not go out of the country and also maintain lawful status in the country?

When should I apply for the COS? After filing the extension petition or before filing the extension petition? My spouse's i94 expires sooner than my h1.

Kindly guide me through this.

Thank you.

[shervin143]

Assuming that my employer is filing these cases independently, how long might be the h4 valid?
>>> Normallly H4 will be issued with the validity matching your H1B petition expiry date.

Will it be valid till May 8? what happens if the h4 cos gets approved after may 8, but with a validity of may 8. That may mean that he is out of status from may 8 to the approval date, right?
>>> No. As long as the H4 is filed before his L1 status expires, he will be fine. The application for the L1 to H4 COS should reach USCIS before the last day on L1.

Is there any way to process these peitions in such a way that, my spouse need not go out of the country and also maintain lawful status in the country?
>>> I am not sure what you are trying to ask. It is not advisable to travel when the petition is pending with USCIS. When is your husband planning to go out of U.S? If it is before his L1 I-94 expiry date, then he can travel back after getting a H4 visa. On his arrival by showing your extended H1B approval notice at the POE he will get an I-94 matching your petition expiry date and he can legally be a H4 dependent.

When should I apply for the COS? After filing the extension petition or before filing the extension petition? My spouse's i94 expires sooner than my h1.
>>> You can file it any time before his L1 status expires. Adviable to file both H1B and H4 together. He will not be able to work once the H4 gets approved with a new I-94. He can continue to work for the L1 employer until the H4 COS gets approved.

[mangai1982]

Thanks a lot.

One last question: You had said - "Normallly H4 will be issued with the validity matching your H1B petition expiry date."

My current petition date is May 8 2012. Will the H4 validity be this date or the new petition end date that might be effective after my h1 extension?

[shervin143]

One last question: You had said - "Normallly H4 will be issued with the validity matching your H1B petition expiry date."

My current petition date is May 8 2012. Will the H4 validity be this date or the new petition end date that might be effective after my h1 extension?
>>> It depends on what supporting documents you provide. If you include a copy of the H1B approval notice that expires on May 2012, then the H4 will be approved only till that date. If you include a copy of the extended petition or the receipt number of the pending extension, then H4 (if approved) will be valid until the extended petition expiry date. Look at the instruction to file form I-539.