L1 n L2 visa conversion to H1

[rajashri27]

Hi,
I am currently on L1 B visa while my spouse is on L2 visa with an EAD card. Both of our visa is expiring next year on 1st July,2013. We wanted to know if both of us can apply for H1 B conversion in April 2013 and can still continue to work in US beyond visa expiry date without returning back to India? Please suggest!

[raghvi]

Hi,
I am currently on L1 B visa while my spouse is on L2 visa with an EAD card. Both of our visa is expiring next year on 1st July,2013. We wanted to know if both of us can apply for H1 B conversion in April 2013 and can still continue to work in US beyond visa expiry date without returning back to India? Please suggest!

When is your L1B/L2 I-94 expiring?

[rajashri27]

L1 n L2 visa conversion to H1

I94 as well is expiring on same date for both of us i.e Visa end date 1st July 2013

[raghvi]

To be in the US one need to be in a valid status and have a valid I-94 too.On what status will you be from 01 July 2013? You cannot stay in US on the basis of having applied for H1 .If you apply H1 in April 2013 it will be effective only from 01 Oct 2013. You will not have a valid I-94 from 1st July 2013 till 01-Oct-2013 and would be considered illegal and out of status during this period. The only way to avoid this would be to file L1 and L2 extensions and get it approved. Without approved L1/L2 extensions both of you would be out of status and illegal from 01 Jul 2013. Advice to file L1 and L2 extensions well before 01 Jul 2013 so as to get decision before 01 Oct 2013.

This is my opinion not legal advice.