L1B to H1 Approved and L2 to H1 RFE

[arorakansha]

Hi,

I am on L2 visa (currently on leave) and my spouse L1 to H1 has been approved. My employer has also filed my H1 which is in RFE review state. Our L1/L2 visa has expired but I94 is valid till 2015. I have the following questions :

1) What is my current status? Do we need to file for my H4 till i get response for my H1 or till i join my employer?
2) Can i work (on L2 + EAD) if my Spouse does not go for H1 visa Stamping?

Please suggest if you have any information.

[raghvi]

Hi,

I am on L2 visa (currently on leave) and my spouse L1 to H1 has been approved. My employer has also filed my H1 which is in RFE review state. Our L1/L2 visa has expired but I94 is valid till 2015. I have the following questions :

1) What is my current status? Do we need to file for my H4 till i get response for my H1 or till i join my employer?
2) Can i work (on L2 + EAD) if my Spouse does not go for H1 visa Stamping?

Please suggest if you have any information.

Was your spouse's H1 approved as COS? Did he get a new I797 with a a new I94?

[arorakansha]

Was your spouse's H1 approved as COS? Did he get a new I797 with a a new I94?

We don't have the details of petition (company is yet to share, just have been informed that it is approved). What impact will it have on my eligibility to work, if its approved with COS or not?

[raghvi]

We don't have the details of petition (company is yet to share, just have been informed that it is approved). What impact will it have on my eligibility to work, if its approved with COS or not?

One shouldnt be so careless regarding ones status and constantly ask the employers/immigration team as it can have huge implications.

If spouse's L1 to H1 t was COS, your spouse should be working only with the H1 employer from H1 start date. And you shouldn't be working as your L2 wouldn't be valid from the day your spouse's status moved from L1 to H1.
In COS case, if your H4 was not applied, without a H1 approval for you, you are pretty much out of status. The issue with applying H4 now is that if H4 approves after H1 then you would move back to H4, but at the same time without having an H4 pending you are pretty much accumulating out of status period. Had you or your spouse done H1 in premium processing this could have been avoided. Its better you talk to an immigration attorney and determine your options.

If it was approved as consular process
If L1 to H1 was applied as consular processing your spouse is fine to continue working on L1 and you are fine to continue work on L2-EAD till I-94 expiry or 5 Years completion on L1 whichever is earlier.

How about your H1 was it filed as COS or Consular process?
If COS you should work and get paid only with H1 employer from H1 start date.


This is my opinion not legal advice.

[arorakansha]

H1 Stamping Process

Thanks Raghvi

Our H1 has been approved with Consular Processing, and as you specified i would have to go for H1 stamping prior to joining my company here in US.

I am on leave currently, and i will first report to my home location (rejoin company) and then go for visa stamping.

I wanted to know that will it have any impact on my H1 stamping ( as my case was RFE and i dont have payslips for the past one year but i have the leave letter and payslips prior to leave, apart from this i have everything else.. like Client Letter, SOW etc)

Can the consular ask for Payslips and cause a delay in my H1 process?

Any information would be helpful.

[raghvi]

Thanks Raghvi

Our H1 has been approved with Consular Processing, and as you specified i would have to go for H1 stamping prior to joining my company here in US.

I am on leave currently, and i will first report to my home location (rejoin company) and then go for visa stamping.

I wanted to know that will it have any impact on my H1 stamping ( as my case was RFE and i dont have payslips for the past one year but i have the leave letter and payslips prior to leave, apart from this i have everything else.. like Client Letter, SOW etc)

Can the consular ask for Payslips and cause a delay in my H1 process?

Any information would be helpful.

Well technically you wouldnt have to go for stamping as such. When is your L2 and your spouse's L1 I-94 expiring?

[arorakansha]

Well technically you wouldnt have to go for stamping as such. When is your L2 and your spouse's L1 I-94 expiring?

We have I-94 till 2015, but my company does not hire people on L2+EAD. So for that reason i had asked questions related to Stamping.

[raghvi]

We have I-94 till 2015, but my company does not hire people on L2+EAD. So for that reason i had asked questions related to Stamping.

Well then they should have filed for L2 to H1 as COS not as consular processing. They can file an H1 amendment to convert from Consular to COS and if that is approved your spouse's would have to leave US for H1 stamping.

This is my opinion not legal advice.