Myself on L1-B, Wife on H1 - Valid I94 - Visa Expires - Need advice

[nealsspeck]

Hi All,

It is great to see so many active threads and important questions answered in this forum.

I am on a L1-B Visa which expires in Aug 2013. My wife works on a L2-EAD which is valid until Nov 2014. Myself and my wife have I94 which are valid until Jan 2016.

Current scenario - Our respective companies applied for H1 visa under 2014 cap. Due to lottery, my Wife's H1 got a receipt and I did not get any receipt.

Question 1 - Does my wife H1-B getting approved have any impact on my L1-B Visa?

Question 2 - I can continue working on my I94 valid until Jan 2016 for my L1-B. I do not plan to switch an employer nor travel outside of USA at least for 18 months.

Question 3 - Is there any negative impact of me working on I94 (Expired L1-B visa) on future Green card processing?

Question 4 - Should my wife apply for a COS from L2 to H1 before October 01, 2013 or when her H1-B gets approved?

Looking forward to your valuable inputs.

[raghvi]

Hi All,

It is great to see so many active threads and important questions answered in this forum.

I am on a L1-B Visa which expires in Aug 2013. My wife works on a L2-EAD which is valid until Nov 2014. Myself and my wife have I94 which are valid until Jan 2016.

Current scenario - Our respective companies applied for H1 visa under 2014 cap. Due to lottery, my Wife's H1 got a receipt and I did not get any receipt.

Question 1 - Does my wife H1-B getting approved have any impact on my L1-B Visa?

Question 2 - I can continue working on my I94 valid until Jan 2016 for my L1-B. I do not plan to switch an employer nor travel outside of USA at least for 18 months.

Question 3 - Is there any negative impact of me working on I94 (Expired L1-B visa) on future Green card processing?

Question 4 - Should my wife apply for a COS from L2 to H1 before October 01, 2013 or when her H1-B gets approved?

Looking forward to your valuable inputs.

1. No
2. You can continue till Jan 2016 or till 5 years stay in US completes whichever is earlier as L1B is valid only for 5 Years.
3. No
4. Wasnt her H1 applied as COS? If yes then if H1 is approved she would automatically move to H1 from 01-Oct-2013. If L2 to H1 was applied/approved as consular processing she would continue to be on L2 unless a COS to H1 is approved.

This is my opinion not legal advice.

[nealsspeck]

1. No
2. You can continue till Jan 2016 or till 5 years stay in US completes whichever is earlier as L1B is valid only for 5 Years.
3. No
4. Wasnt her H1 applied as COS? If yes then if H1 is approved she would automatically move to H1 from 01-Oct-2013. If L2 to H1 was applied/approved as consular processing she would continue to be on L2 unless a COS to H1 is approved.

This is my opinion not legal advice.

Thank you Raghvi for clarifying my doubts.

My wife's company applied H1B as a fresh petition. I don't think they applied for a COS from L to H. Is there something to be done from our side? I ean she can continue working on her L2 EAD till the H1B gets approved. Once approved, maybe her company is thinking of changing from L to H COS.