Need urgent help.Husband working on L1 and wife on L2..Both the H1's approved wit cos

[byk]

Hi Txh1b,
Ok Thanks for this explanation. So will POE officer gives new I-94 for sure if we explain the situation..Are there any chances of not getting new I-94.
did you came across any failures to get I-94. i just want to make sure i don't mess up with this leap frog as both of US(me and my wife on L2) are doing this together.

Thx
byk.

Hi Txh1b,
Can you please answer this?

[txh1b]

They will issue the new I-94 without any problems if you say you had a COS that you don't want to take up that job right now and want to continue on L1 if asked. I have read about some success stories on the forums.

Return the old I-94, pay $6 (if driving) and get a new I-94.

[byk]

They will issue the new I-94 without any problems if you say you had a COS that you don't want to take up that job right now and want to continue on L1 if asked. I have read about some success stories on the forums.

Return the old I-94, pay $6 (if driving) and get a new I-94.

Txh1b,
Thx alot for clarifying that ..If i have multiple I-94(one from L1 and another two from H1 aprroved with COS) i know I need to return all of them.

What if i miss any one I-94 from one H1(because my empoyer did't sent me the approval notice by that time)..Can i return is back later after Oct1st? Will there be a problem if i don't return all I-94's?

Thx

[txh1b]

All of them should contain the same number. Not a big deal. You have to look at other threads on the forum as such questions are answered frequently.

Why does the H1 I-94 come into picture if you are leaving before the H1b kicks in?

[ramanadt]

L2 EAD invalidity

Txh1b,
Do we need to fly to canada or mexico? or is it fine if we drive also.
Like driving to Niagara falls(from Canada side).

Thanks,
byk

My Wife has EAD till Mar'10 (on L2). We went on vacation June'08 to home country and came back within 30 days. Does this invalidate the current EAD which she has?
Here EAD was approved in Mar'08 with the same petition papers with which we sent for stamping. My L1 petition is valid till Mar'10 and her L2 too. We also went to visa stamping at the home country.

Thanks
Ramana

[ramanadt]

L2 EAD invalidity

Hi,

Could you please update me the following question.


My Wife has EAD till Mar'10 (on L2). We went on vacation June'08 to home country and came back within 30 days. Does this invalidate the current EAD which she has?
Here EAD was approved in Mar'08 with the same petition papers with which we sent for stamping. My L1 petition is valid till Mar'10 and her L2 too. We also went to visa stamping at the home country.

Will the existing EAD (L2) be invalid if we re-enter usa without change in the visa type.

Thanks
Ramana

[txh1b]

Travel does not invalidate EAD cards. If you are on L1 status, L2 EAD is valid provided the dates are valid on the card.

[ramanadt]

Travel does not invalidate EAD cards. If you are on L1 status, L2 EAD is valid provided the dates are valid on the card.

Thank you sir for providing the answer.

Ramana

[byk]

Form for COS from L1 to H1b and L2 to H1b

Thank txh1b,
After getting the H1 Approvals and doing a leap frog to continue working on L1 and L2 beyond Oct 1st..there is a little confusion on which form to use for COS..is it I-539 or I-129

If you don't mind Can you clarify/confirm answers to below questions:
1) What is the form that needs to be used for L1 to H1 COS
a)How much it will cost?
b)Who should file that?
c)How long will it take? Is there any premium processing option

2) What is the form that needs to be used for L2 to H1 COS.
a)How much it will cost?
b)Who should file that?
c)How long it will take? Is there any premium processing option?

below is the answer you gave on other forums.
==========================================================
1.How long will it take for the COS approval

Depends on your service center. Check the service center processing times based on which state you belong on USCIS website.

Anywhere between 2-4 months is my guesstimate :-)

2.Who should apply for the COS is it the employer or myself

You should.

3.Any process to fasten the COS approval

None.

4.What is the COS fees.
$300. Check I-539
============

1. I129 amendment by employer. Check costs on USCIS.
2. Same as above.
3. Wait till the approval of COS and the approval notice with I-94 before starting work.
4. Paystubs represent validity of currently held status i.e L1 in your case.
5. Only if you did not do leapfrog, it is a problem. If you did enter on L1 past Oct 1st and left US before H1b kicked in, not a problem.

Lawyers are your best source of info for anyone and I am a person off the street with no formal education on immigration law.

[txh1b]

http://www.immihelp.com/forum/showthread.php?t=46050&highlight=I-539

the other answers to the I-539 form could be for other status but not for H1b. H1b COS has to be from employer.

[byk]

Thanks txh1b,
Just to confirm we need to use I-129 for L1 to H1 or L2 to H1.

One more thing my wife's Employer is planning to change her current H1(approved this year with start date of OCT1).Currently she is working on her L2 EAD.

1) If her employer files h1 transfer with normal processing,Can my wife start working on H1 status from OCT 1st based the Receipt of H1 transfer petition ?
2) What happens if the h1 transfer is rejected after oct1st?
3) What happens if the H1 transfer is rejected before Oct1(if filed with
premium processing). Can she still work on L2 EAD if we do leapfrog in sep ending.
4)In Case of H1 Transfer rejection what will happen to original H1.Will it become invalid? or she can still work for the orignial employer who filed the H1


Finally what do you suggest with the way of handling H1 transfer with out much risk to current employment.

Thanks for help in advance.

thanks
byk

[txh1b]

These questions have been answered many times on the forum. Look through those.

[irv3901]

hi BYK even iam in the same boat...L1 to H1 (COS) ..planning to do leap frog
please email me at [email protected]

[nirupa84]

L1 to H1b Transfer

Hi,

I currently have similar scenarion of L1 to H1b transfer. I didn't know that I can't continue on L1 after H1 got approved from Oct 1st. I still want to continue on L1B visa. Can I do a leapfrog now by going to canada. Also can I go on road to canada and will I get a new I94. Should I take my H1 petition along with me for a safer side. Could you please answer me, as I am already late and am out of status now.

Thanks in Advance.
Gupt

[the_descriptor]

Urgent Help:Company asking to apply for H1 from L1 & Wife on L2 EAD

Hi,

I am on L1-B (first entry July 2005). My wife is on a L2+EAD

I have just applied for a L1B extn that would allow me to work in the US till July 2010 (hopefully).

Company is asking me to file for a H1 this time. If I file for a H1 and get thru, starting Oct 1, 2009 my wife would have to take a H4 and would no longer be able to work.

And as the person in the first post, I dont want to apply for a H1 for both of us, in case my wife's H1 gets declined.

My company is doing a GC for me. I want to know, what would happen to the GC (140 approved) if after July 2010 i have to leave the US?

I am also looking at filing for a L1A later this year that would give me another 2 years to work with...

or should I take the chance of applying for a H1 for both of us this year and risk it all??

Please advise.