L2 I-94 extension while H1/H4 are in premium processing

[vishalagrawal1]

Hi, I am in a very weird sitution and I would really appriciate any help to guide me through to resolve it.
I am currently working for company A on L1 B Blanket Visa. The Visa expires on Sep 16, 2012. The petition is valid indefinitely. When I travelled to US last time, I got an extensed I-94 till Dec 2014. My wife travelled alone and she got her I-94 till Sep 16,2012. Now, my company is asking me to apply for her I-94 extension.
I had applied for H1 Visa for 2010 cap when I was in india and the petition got approved but I mever utilized it and maintained my L1 status. I thought of utilizing it now and Company B is applying for COS from L1 to H1 for me and L2 to H4 for my wife this friday in premium processing. Considering that I will know the decision in 2 weeks (by august end), I have following questions:
1. Would I have enough time to apply L2 I-94 extension if I get RFE/rejection by August end?
2. Can I apply for L2 I-94 extension now while H1/H4 is in progress?
3. What the are the other options I have if I get RFE on H1B?
4. What if my H1 approval does not come in 2 weeks and I apply for L2 extension for my wife and than we get H1 and H4 approval?
5. The H1B employer is small consulting firm which does the body shopping mostly.

Thanks for your help!!

[vishalagrawal1]

Could anyone please suggest what should I do?

[vishalagrawal1]

Could ayone please suggest what should I do? It very urgent!!

[alliesv]

Hi, I am in a very weird sitution and I would really appriciate any help to guide me through to resolve it.
I am currently working for company A on L1 B Blanket Visa. The Visa expires on Sep 16, 2012. The petition is valid indefinitely. When I travelled to US last time, I got an extensed I-94 till Dec 2014. My wife travelled alone and she got her I-94 till Sep 16,2012. Now, my company is asking me to apply for her I-94 extension.
I had applied for H1 Visa for 2010 cap when I was in india and the petition got approved but I mever utilized it and maintained my L1 status. I thought of utilizing it now and Company B is applying for COS from L1 to H1 for me and L2 to H4 for my wife this friday in premium processing. Considering that I will know the decision in 2 weeks (by august end), I have following questions:
1. Would I have enough time to apply L2 I-94 extension if I get RFE/rejection by August end?
Yes, you have till Sept 16, 2012 to file for L2 extension. Check w/ attorney or employer if it can be filed online.
2. Can I apply for L2 I-94 extension now while H1/H4 is in progress?
Yes, you can file for any visa/status before Sept 16, 2012
3. What the are the other options I have if I get RFE on H1B?
File for L2 extension
4. What if my H1 approval does not come in 2 weeks and I apply for L2 extension for my wife and than we get H1 and H4 approval?
For you, H1-b will take over L1 status. But for your wife, which ever comes last will be her status. Say, her H4 gets approved on Oct 1, 2012 and L2 gets approved on Oct 2, 2012; than she will be on L2 status. You will have to start the H4 process again as your dependent.
5. The H1B employer is small consulting firm which does the body shopping mostly.

Thanks for your help!!

Good luck and talk to an attorney for accurate advice.
Hope this helps!!
alliesv

[vishalagrawal1]

Thanks alliesv that was helpful.
I got the receipts for both my H1 and my wife H4. Since my case is in premium processing I should know the decision in a week but what about my wife? would she also get it at the same time? If not, then should I wait for H4 decision to be made before applying for L2 I-94 extension but it would be too late than. PLease advice.