L1 to H1 COS - Queries

[anasuyadg]

Hi,

I am in the United States in L1B visa Petition valid until End of October 2013 and I-94 till end of November 2013. My husband is in H1B and which is valid until end of 2014. I would apply for L1B extension and also would apply H4 dependent visa. Also my company is planning to apply for a H1B for next years CAP. Given this situation, I have some queries:

1. Since I am in US, will the H4 give me an extended I-94 and I won't have to leave USA?
2. If I am in the US in either L1-B extension request or H4, will the H1B application be a Change of Status or Fresh H1B application?
3. If it is a COS, will leaving USA and re-entering (on H4) sometime in mid of 2014 make the COS invalid?
4. If my L1-B extension gets denied however my H1B gets approved, can I continue working before 01-Oct-2014?

Thanks in advance,
User

[Nattybone]

Hello, Anasuya.

Here are my thoughts:

1) If your H4 approval happens, you are good to stay in USA without having to leave. This is called Change of Status.
2) As you are filing from within US, and are already on some status (L1B or H4), your H1B is also Change of Status. E.g.: You get your H4 status change approved, then next year you will be on H4 when you, hopefully, are allowed to work on H1B in Oct 2014. Then, you will again file for a change of status from H4 to H1.
3) If you leave US after doing a COS (if COS is approved), then you will need stamping to enter USA. I.e.: You enter US on L1B in 2013, in 2014 you switch to H4, and in 2014 you exit USA. Now, your status is H4 which is different from your visa on the Passport on which you entered USA last time. So, to enter US on H4, you will need H4 visa stamp.
4) If L1B gets denied, then what visa status would you switch to. You can only get H1 status next year. If your status in US is H4, then you are not allowed to work. You can work till your L1B is valid.

These are my personal thoughts. I am not a professional.

Hope this helps. Wish you luck.

Cheers,

Hi,

I am in the United States in L1B visa Petition valid until End of October 2013 and I-94 till end of November 2013. My husband is in H1B and which is valid until end of 2014. I would apply for L1B extension and also would apply H4 dependent visa. Also my company is planning to apply for a H1B for next years CAP. Given this situation, I have some queries:

1. Since I am in US, will the H4 give me an extended I-94 and I won't have to leave USA?
2. If I am in the US in either L1-B extension request or H4, will the H1B application be a Change of Status or Fresh H1B application?
3. If it is a COS, will leaving USA and re-entering (on H4) sometime in mid of 2014 make the COS invalid?
4. If my L1-B extension gets denied however my H1B gets approved, can I continue working before 01-Oct-2014?

Thanks in advance,
User

[anasuyadg]

Thanks for your response

-User

[kabkaba]

Hi,

I am in the United States in L1B visa Petition valid until End of October 2013 and I-94 till end of November 2013. My husband is in H1B and which is valid until end of 2014. I would apply for L1B extension and also would apply H4 dependent visa. Also my company is planning to apply for a H1B for next years CAP. Given this situation, I have some queries:

1. Since I am in US, will the H4 give me an extended I-94 and I won't have to leave USA? -- Yes, but if your status is H4, you will not be able to work. You can have only 1 status at one time and it is determined by the last approval from USCIS.
2. If I am in the US in either L1-B extension request or H4, will the H1B application be a Change of Status or Fresh H1B application? -- It will be fresh H1B petition in the sense that it will be subject to annual cap. But change of status will also be requested along with the petition.
3. If it is a COS, will leaving USA and re-entering (on H4) sometime in mid of 2014 make the COS invalid? -- It can create complications. It depends on exactly what you are trying to achieve.
4. If my L1-B extension gets denied however my H1B gets approved, can I continue working before 01-Oct-2014? -- No.

Thanks in advance,
User

See above.