Transfer from L1/L2 to H1/H4

[ankitbarot.msccait]

Hi All,

Could any of experts, please help me with suggestions in following situation:

Info #1: Currently I am in USA with my family on L1B (Family on L2) with Company - 1st. My current visa is expiring within few weeks and Company - 1st is preparing to file extension for both me and my family. My PERM is under Audit review from same employer. Just to share here, according to attorney most of L1B visas are getting RFE or denial now-a-days.

Info #2: On the other hand, I have approved H1B (with effective date of Oct 2013) from Company - 2nd. There is gap of few weeks between my current visa expiring and H1 effective date. During filing of H1B, my family was in India so we could not file H4. So I have approved H1 however my family does not have approved H4.


I would appreciate if someone could please help with following questions:

Question #1: To get H4, Do I need to join Company - 2nd on H1 before and then only I can apply for H4? Or it is possible to apply for H4 irrespective of when I would join Company - 2nd on H1B?

Question #2: To get H4, Do I need to submit any project/client documents showing I am working with Company - 2nd on H1?

Question #3: Assuming, my current employer - Company - 1st, applies for L1/L2 extension and we get RFE. During RFE, Can I do Change of Status (COS) on H1/H4 and join Company - 2nd? Would there be any impact for applying COS (L1 extension to H1) when L1 extension is having RFE?

Any would be great help.

[raghvi]

Hi All,

Could any of experts, please help me with suggestions in following situation:

Info #1: Currently I am in USA with my family on L1B (Family on L2) with Company - 1st. My current visa is expiring within few weeks and Company - 1st is preparing to file extension for both me and my family. My PERM is under Audit review from same employer. Just to share here, according to attorney most of L1B visas are getting RFE or denial now-a-days.

Info #2: On the other hand, I have approved H1B (with effective date of Oct 2013) from Company - 2nd. There is gap of few weeks between my current visa expiring and H1 effective date. During filing of H1B, my family was in India so we could not file H4. So I have approved H1 however my family does not have approved H4.


I would appreciate if someone could please help with following questions:

Question #1: To get H4, Do I need to join Company - 2nd on H1 before and then only I can apply for H4? Or it is possible to apply for H4 irrespective of when I would join Company - 2nd on H1B?

Question #2: To get H4, Do I need to submit any project/client documents showing I am working with Company - 2nd on H1?

Question #3: Assuming, my current employer - Company - 1st, applies for L1/L2 extension and we get RFE. During RFE, Can I do Change of Status (COS) on H1/H4 and join Company - 2nd? Would there be any impact for applying COS (L1 extension to H1) when L1 extension is having RFE?

Any would be great help.

When is your I-94 expiring and how long have you been in US on L1B? Do you want to work with Company1 or Company2?

[ankitbarot.msccait]

When is your I-94 expiring and how long have you been in US on L1B? Do you want to work with Company1 or Company2?

Thank for your communication on this.

Both my visa and I94 expires on the same day, within 3 weeks from now.
My total stay in US is around 3 years on and off. Finally I want to work with Company2.

I am not sure about how COS works? But need to know if during L1 RFE period, I can transfer and join H1 company or not?

[raghvi]

Thank for your communication on this.

Both my visa and I94 expires on the same day, within 3 weeks from now.
My total stay in US is around 3 years on and off. Finally I want to work with Company2.

I am not sure about how COS works? But need to know if during L1 RFE period, I can transfer and join H1 company or not?

Tecnically you can transfer the H1 petition but the larger issue is that your L1 I-94 is expiring soon. As your I-94 will not be valid on 30-Sep-2013, you subsequent COS to H1 will not be valid. You case is very identical to the case being discussed here.

http://www.immihelp.com/forum/showthread.php/114016-L1-to-H1-visa-and-I-94-expired-extension-in-process

Even if you transfer H1, it will still be valid from 01-Oct-2013 or later. For you to successfully move to H1, you should either get a successful L1 extension done and approved before 01-Oct-2013 OR plan to leave US , get H1 stamped for self and H4 for dependents and return to US on H1, H4 visas.

This is my opinion not legal advice.

[ankitbarot.msccait]

Thank you very much Raghvi for your detailed explanation on this. I know it is not straightforward however one question though,
Assuming Company1 (who is applying for L1 extension) apply for extension with regular processing and we get RFE. Now during RFE Can I get H1 transferred from Company2 to current company (Company1)? Is it legal?

Thanks a lot for your promote replies. Much appreciated.

[raghvi]

Thank you very much Raghvi for your detailed explanation on this. I know it is not straightforward however one question though,
Assuming Company1 (who is applying for L1 extension) apply for extension with regular processing and we get RFE. Now during RFE Can I get H1 transferred from Company2 to current company (Company1)? Is it legal?

Thanks a lot for your promote replies. Much appreciated.

Possible. But still you would need to get an L1 ext approval.

This is my opinion not legal advice

[ankitbarot.msccait]

Thank you very much. This is very useful information and I am sure it would be helpful to others like me. Much appreciated your promote replies.