L1 valid but company assignment over

[rishoosingh]

Hi

I am reaching you for few questions regarding me and wife's visa status. My H1B Visa and I94 expired on May 3, 2017. But I have applied for the extension. The case is pending with USCIS. As per my understanding I can stay and work in the country for 240 days after the expiry of I-94. My wife is working on L1-B visa.

Her L1B Visa and I-94 is valid for more than 2 years (expires only in late 2019). However her assignment in the country will be over next month.

1. Can she stay in the country after the assignment gets over as long as her I-94 is valid?

2. Considering my H1 extension case is still pending with USCIS can we apply for the COS for my wife.

3. What is the process of L1 to H4 COS?

4. Can she stay in the country legally as soon as we apply for the COS or does that start from the date USCIS receives the application?

5. How long does change of status approval take?

6. How long can one stay in the country while waiting for the COS?

7. Can she leave the country while the application is pending with USCIS or under process?

Your response in this regard is highly appreciated. Looking forward to hear from you.

Thanks & Regards!

[raghvi]

Hi

I am reaching you for few questions regarding me and wife's visa status. My H1B Visa and I94 expired on May 3, 2017. But I have applied for the extension. The case is pending with USCIS. As per my understanding I can stay and work in the country for 240 days after the expiry of I-94. My wife is working on L1-B visa.

Her L1B Visa and I-94 is valid for more than 2 years (expires only in late 2019). However her assignment in the country will be over next month.

1. Can she stay in the country after the assignment gets over as long as her I-94 is valid?

2. Considering my H1 extension case is still pending with USCIS can we apply for the COS for my wife.

3. What is the process of L1 to H4 COS?

4. Can she stay in the country legally as soon as we apply for the COS or does that start from the date USCIS receives the application?

5. How long does change of status approval take?

6. How long can one stay in the country while waiting for the COS?

7. Can she leave the country while the application is pending with USCIS or under process?

Your response in this regard is highly appreciated. Looking forward to hear from you.

Thanks & Regards!

1. No, not on her L1.
2. Yes, on the basis of H1 extension receipt.
3. Filing form I539 and associated documents and fees.
4. As long as its applied before her last working day on L1, its fine.
5. 3-6 Months.
6. Till a decision is not made.
7. Yes.

This is my opinion not legal advice.