H4 extn approved while working on L1

[jaimatadi]

My sister is in USA working on H1-B.
Her husband had valid H4 but he was out of USA.

He took a leave from his employer to stay with my sister (his wife) for some time.

Prior to coming to USA, in past, his employer had processed his L1 visa as well.

So he had L1 and H4 both stamped on his passport.

As he was on leave, he entered USA on H4 visa. He did NOT work while he was on H4.

While he was in USA, on H4, my sister's employer applied for her H1-B extension. They applied for her husband's H4 extension also.

Sometime after that, he (my brother in law) travelled out of USA and joined back his employer outside USA. Then they transferred him to USA. He entered USA on L1 visa as he was going to work.

Now, if my sister's H1-B extension is approved, I guess, USCIS will approve her husband's H4 extension as well, along with that.

In such case, would H4 override L1? Or can my brother in law continue working on L1?

[raghvi]

My sister is in USA working on H1-B.
Her husband had valid H4 but he was out of USA.

He took a leave from his employer to stay with my sister (his wife) for some time.

Prior to coming to USA, in past, his employer had processed his L1 visa as well.

So he had L1 and H4 both stamped on his passport.

As he was on leave, he entered USA on H4 visa. He did NOT work while he was on H4.

While he was in USA, on H4, my sister's employer applied for her H1-B extension. They applied for her husband's H4 extension also.

Sometime after that, he (my brother in law) travelled out of USA and joined back his employer outside USA. Then they transferred him to USA. He entered USA on L1 visa as he was going to work.

Now, if my sister's H1-B extension is approved, I guess, USCIS will approve her husband's H4 extension as well, along with that.

In such case, would H4 override L1? Or can my brother in law continue working on L1?

I believe it will override and your BIL will end up being in H4 again.

This is my opinion not legal advice.

[jaimatadi]

H4 extn approved while working on L1

In such case what is the process to go back on L1? Is there a way to cancel H4 or does he have to go out of country and re-enter on L1?

[raghvi]

In such case what is the process to go back on L1? Is there a way to cancel H4 or does he have to go out of country and re-enter on L1?

Did your BIL overstay the H4 I-94 or did he leave before his H4 I-94 expiry and returned on L1?

There might be a way to withdraw the H4 extension request and avoid a trip outside US. Speak to an attorney.

This is my opinion not legal advice.

[jaimatadi]

H4 extn approved while working on L1

He left couple days after H4 I-94 expiry. H4 Extension was applied before H4 I-94 expiry.

He came back on L1 after that.

1) What is BIL?
2) Will consult the attorney.
3) If a trip outside US and re-entering US comes out to be the only way to resolve this, then, which countries are an option for trip outside US? Can he fly to Canada or Mexico. He currently does not have visa for Canada or Mexico.

[raghvi]

He left couple days after H4 I-94 expiry. H4 Extension was applied before H4 I-94 expiry.

He came back on L1 after that.

1) What is BIL?
2) Will consult the attorney.
3) If a trip outside US and re-entering US comes out to be the only way to resolve this, then, which countries are an option for trip outside US? Can he fly to Canada or Mexico. He currently does not have visa for Canada or Mexico.

As he stayed beyond I-94 expiry, if he withdraws the H4 extension application it would mean all the stay beyond his I-94 expiry till he left US was illegal and out of status.

1. BIL - Brother-In-Law
3. Yes Canada and Mexico are possibilities.

This is my opinion not legal advice.