L1 to H1, visa and I-94 expired, extension in process

[harshalmj]

Hi All,

My wife’s L2, mine L1-B and our I-94 are expired in Feb 28, 2013 and my company “A” has filed for L1-B extension and L2 (I-539) way back in end of Dec. 2012 but L1-B extension went to RFE and my company “A” responded to RFE in May 18, 2013. Now I am waiting for extension result. My 240 days clock ends in mid of Oct. 2013.

Mean while I filed for H1-B in April 2013 from company “B” and I have received approval of it.

I have some question regarding my L1 to H1 like,

1) I don’t receive any update of my L1-B extension till 3rd week of Sep. 2013 so can I transfer to H1 in last week of Sep. 2013?
2) What is the process of move to H1 from L1 without going outside US?
3) Company “B” has not filed H4 for my wife so if they change L1 to H1 then what happened to my wife's status. They have told me that they will change her status later.
4) If I receive approval of L1 before start of Oct. 2013 then what is the process of L1 to H1.

Please clarify my doubts. I appreciate your help in this regards.

Thanks for your time.

-HJ

[raghvi]

Hi All,

My wife’s L2, mine L1-B and our I-94 are expired in Feb 28, 2013 and my company “A” has filed for L1-B extension and L2 (I-539) way back in end of Dec. 2012 but L1-B extension went to RFE and my company “A” responded to RFE in May 18, 2013. Now I am waiting for extension result. My 240 days clock ends in mid of Oct. 2013.

Mean while I filed for H1-B in April 2013 from company “B” and I have received approval of it.

I have some question regarding my L1 to H1 like,

1) I don’t receive any update of my L1-B extension till 3rd week of Sep. 2013 so can I transfer to H1 in last week of Sep. 2013?
2) What is the process of move to H1 from L1 without going outside US?
3) Company “B” has not filed H4 for my wife so if they change L1 to H1 then what happened to my wife's status. They have told me that they will change her status later.
4) If I receive approval of L1 before start of Oct. 2013 then what is the process of L1 to H1.

Please clarify my doubts. I appreciate your help in this regards.

Thanks for your time.

-HJ

Do you wish to continue your employment with A or would want to work with B?

[harshalmj]

Do you wish to continue your employment with A or would want to work with B?

Raghvi,

Thanks a lot for your reply, you are doing very good job not to just reply my query but many like me who are having many questions.

Eventually I want to switch to Company "B" on H1.

[raghvi]

Raghvi,

Thanks a lot for your reply, you are doing very good job not to just reply my query but many like me who are having many questions.

Eventually I want to switch to Company "B" on H1.

In that case the easiest option would be to leave US, go to US consulate, at your home country get H1 stamped for yourself and H4 for your dependents, and return on H1 to work for Company B.

But I am assuming that you dont want to leave US. But as your I-94 has already expired it creates complications.

Yuu would have automatically moved to H1B of company B from 01-Oct-2013 ONLY If you are in a valid status on 30-Sept-2013. In order for you to be on valid status on 30-Sep-2013, you should have a valid I-94 on that day. If you dont have a valid I-94 on 30-Sep-2013, your COS to H1 on 01-Oct-2013 will not be valid.Irrespective,L1 extension applied/pending or not.

With that said, as your I-94 has expired in Feb-2013 itself, you would not have a valid I-94 on 30-Sep-2013, so, your first priority should be to get a valid I-94 till 30-Sept-2013. In order for that to happen, you have to get a valid approved L1 extension with a I-94 . Recommended to upgrade L1 extension to premium and respond to RFEs, if any, ASAP, so that you get a response much before 01-Oct-2013. Now 2 things can happen with your L1 extension request,
a. If L1 extension approved before 01-Oct-2013, with valid I-94, you would automatically move to H1 from 01-Oct-2013 and can work with Employer B from 01-OCt-2013 onwards.
b. If L1 extension denied before 01-Oct-2013, you should leave US immediately, book H1 appointment for self and H4 appointment for dependents, attend interview at consulate and if visa approved, return on H1, H4.

Now, if you dont upgrade L1 extension to premium and dont respond to RFEs, if any, immediately, then the third complex thing that can happen is that your l1 extension request keeps getting delayed and eventually the 240 days period also ends forcing you to leave US. So either you wait till the decision comes, OR leave US, book H1 appointment for self and H4 appointment for dependents, attend interview at consulate, and if visa approved, return on H1, H4.

I strongly recommend against moving to H1 employer from 01-OCt-2013 even if you get the H1 approval and associated H1 I-94 as it will not be valid, because without an approved L1 extension, you would not be in status on 30-Sep-2013, making your move to H1 employer on 01-Oct-2013 not valid.

This is my opinion not legal advice.

[harshalmj]

In that case the easiest option would be to leave US, go to US consulate, at your home country get H1 stamped for yourself and H4 for your dependents, and return on H1 to work for Company B.

But I am assuming that you dont want to leave US. But as your I-94 has already expired it creates complications.

Yuu would have automatically moved to H1B of company B from 01-Oct-2013 ONLY If you are in a valid status on 30-Sept-2013. In order for you to be on valid status on 30-Sep-2013, you should have a valid I-94 on that day. If you dont have a valid I-94 on 30-Sep-2013, your COS to H1 on 01-Oct-2013 will not be valid.Irrespective,L1 extension applied/pending or not.

With that said, as your I-94 has expired in Feb-2013 itself, you would not have a valid I-94 on 30-Sep-2013, so, your first priority should be to get a valid I-94 till 30-Sept-2013. In order for that to happen, you have to get a valid approved L1 extension with a I-94 . Recommended to upgrade L1 extension to premium and respond to RFEs, if any, ASAP, so that you get a response much before 01-Oct-2013. Now 2 things can happen with your L1 extension request,
a. If L1 extension approved before 01-Oct-2013, with valid I-94, you would automatically move to H1 from 01-Oct-2013 and can work with Employer B from 01-OCt-2013 onwards.
b. If L1 extension denied before 01-Oct-2013, you should leave US immediately, book H1 appointment for self and H4 appointment for dependents, attend interview at consulate and if visa approved, return on H1, H4.

Now, if you dont upgrade L1 extension to premium and dont respond to RFEs, if any, immediately, then the third complex thing that can happen is that your l1 extension request keeps getting delayed and eventually the 240 days period also ends forcing you to leave US. So either you wait till the decision comes, OR leave US, book H1 appointment for self and H4 appointment for dependents, attend interview at consulate, and if visa approved, return on H1, H4.

I strongly recommend against moving to H1 employer from 01-OCt-2013 even if you get the H1 approval and associated H1 I-94 as it will not be valid, because without an approved L1 extension, you would not be in status on 30-Sep-2013, making your move to H1 employer on 01-Oct-2013 not valid.

This is my opinion not legal advice.

Hi Raghavi,

Thanks a lot for your quick response. I appreciate your advice on my situation. Your advice make very good sense to me.

Today I requested my employer (Company "A") to move my L1 extension application to premium processing but they clearly denied it. They said their lawyer suggested to wait till mid of Sep. and if result don't come by that time then we will push it to PP. They said RFE response usually takes 2-3 months time and we have just completed 3 month after replied to RFE. So I think I just have to hang in as there is no option at this time for me.

Thanks,
HJ

[221gvictim]

L1B to H1 and I-94 about to expire

I am currenlty on L1B visa and my VISA and I-94 are valid till 10 Aug 2016. I have filed for H1B and it is already selected in lottery. My question is if my current employer files for I-94 extension, so can my visa status be changed from L1 to H1 (once approved), while the I-94 extension is in process.

[raghvi]

I am currenlty on L1B visa and my VISA and I-94 are valid till 10 Aug 2016. I have filed for H1B and it is already selected in lottery. My question is if my current employer files for I-94 extension, so can my visa status be changed from L1 to H1 (once approved), while the I-94 extension is in process.

Is H1 with same employer or different one? The challenge is that between 10-Aug till H1 Start a pending L1 extension is not considered a valid status. If L1 Extension denied you are out of status post 10-Aug, if L1 is approved after H1 start date, you end up going back to L1 status. Only in case L1 is approved before H1 start would one be considered in valid status and a COS ot H1 is automatic.

This is my opinion not legal advice.

[ashi.s]

L1 to H1 COS with L1 extension is in process with expired I94.

I am currenlty on L1B visa and my VISA and I-94 are valid till 10 Aug 2016. I have filed for H1B and it is already selected in lottery. My question is if my current employer files for I-94 extension, so can my visa status be changed from L1 to H1 (once approved), while the I-94 extension is in process.

I ma in similar situation, what did you do can you suggest. Did you apply in premium processing ? Please reply.

[minishoppe]

H1/H4 VISA Question

Hi,

I was in L1B status with company A and it was valid till 30 Nov 2017. My H1B was selected with company B and got approved on 4th Dec 2017 (My first H1B). meanwhile my employer A filed the L1 renewal request before 30 November 2017. but once H1B approval came in my attorney forgot to file H4 for my wife and son. They are out of status in US. I am going to India for H1B and H4 Stamping.

Do you foresee any problems with stamping we could face ? do you recommend anything in this situation.

Kindly advise.

your response in this situation will help me plan something in advance.

Thanks

Mini