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  • L1 extension

    Hi,

    I am currently on L1 visa and my I94 expires in sep2010. My company will be appliying for L1 extension. I am expecting a baby in october and cannot travel back to my home country if my extension is rejected. What are my options if my petition is rejected? My spouse is on H1 visa. Can i apply for COS to H4 and then after a few months apply for H1? Thanks in advance for your guidance.

  • #2
    If your L1 extension is denied, then in order to legally stay in the county, you need to apply for a COS to H4 or B1/B2. However, the key here is that you will need apply for the COS before your current I-94 expires. COS to any other status is not possible with an expired I-94. So ask your company to apply for the L1 extension immediately because it will take 2-3 months to get the result. In your case, it is better to know the result earlier so that you can plan accordingly.

    You can apply for H1B later if the CAP remains open.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank you for the reply. If my L1 extension is denied before my I94 expires can I file for COS to H4? Does the H4 need to be approved before my I94 expires? Will I be out of status if i filed for COS to H4 but receive the approval after my I94 expires? Will it cause issues if I file for H1 later? I will not be working after my L1 I94 expires and will start work immediately after my H1 is approved. The issue is I cannot travel out of US due to pregnancy for a few months and have to stay in status.

      Appreciate your assistance in this matter.

      Originally posted by shervin143 View Post
      If your L1 extension is denied, then in order to legally stay in the county, you need to apply for a COS to H4 or B1/B2. However, the key here is that you will need apply for the COS before your current I-94 expires. COS to any other status is not possible with an expired I-94. So ask your company to apply for the L1 extension immediately because it will take 2-3 months to get the result. In your case, it is better to know the result earlier so that you can plan accordingly.

      You can apply for H1B later if the CAP remains open.

      Comment


      • #4
        If my L1 extension is denied before my I94 expires can I file for COS to H4?
        >>> Possible. In that case only your extension is denied. You should file for H4 before the current I-94 expires.

        Does the H4 need to be approved before my I94 expires?
        >>> Not required. It just need to be filed.

        Will I be out of status if i filed for COS to H4 but receive the approval after my I94 expires?
        >>> No. The period between your I-94 expiry and your H4 approval is called a period of authorized stay by the attorney general. If your H4 gets denied, then you should be ready to leave the country immediately.

        Will it cause issues if I file for H1 later?
        >>> No issues.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks. I have one more question. My parents are attending their B2 visa interview next month in July 2010 and I am sponsoring them. I have sent my current L1visa papers which will be valid at the time of their interview. Since my company has not filed for my L1 extension i dont have any receipts of the same. But my company will be filing soon may be before or after their interview. Is this going to be an issue for their visa approval?

          Originally posted by shervin143 View Post
          If my L1 extension is denied before my I94 expires can I file for COS to H4?
          >>> Possible. In that case only your extension is denied. You should file for H4 before the current I-94 expires.

          Does the H4 need to be approved before my I94 expires?
          >>> Not required. It just need to be filed.

          Will I be out of status if i filed for COS to H4 but receive the approval after my I94 expires?
          >>> No. The period between your I-94 expiry and your H4 approval is called a period of authorized stay by the attorney general. If your H4 gets denied, then you should be ready to leave the country immediately.

          Will it cause issues if I file for H1 later?
          >>> No issues.

          Comment


          • #6
            That should not be a problem. If questioned by the VO, then ask your parents to let the VO know that your company is in the process of applying your L1 extension. However some VO's (happens rarely) will give a visa only till your petition expiry date as you are the primary sponsor of their B1/B2.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Thanks for the reply. If i have to apply for COS to H4 should my name be added as spouse in my husband's passport? Since I came to US on my individual status neither my passport nor my husband's passport has spouse name added. How do we resolve this?

              Originally posted by shervin143 View Post
              That should not be a problem. If questioned by the VO, then ask your parents to let the VO know that your company is in the process of applying your L1 extension. However some VO's (happens rarely) will give a visa only till your petition expiry date as you are the primary sponsor of their B1/B2.

              Comment


              • #8
                That is not required. All that matters is your marriage certificate and the names in the certificate should match with your passports.

                Originally posted by rubies View Post
                Thanks for the reply. If i have to apply for COS to H4 should my name be added as spouse in my husband's passport? Since I came to US on my individual status neither my passport nor my husband's passport has spouse name added. How do we resolve this?
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Thanks for the quick reply. I hold an Indian passport but we got married in US and have the marriage certificate that was issued here. Is it sufficient?

                  Originally posted by shervin143 View Post
                  That is not required. All that matters is your marriage certificate and the names in the certificate should match with your passports.

                  Comment


                  • #10
                    Yes.

                    Originally posted by rubies View Post
                    Thanks for the quick reply. I hold an Indian passport but we got married in US and have the marriage certificate that was issued here. Is it sufficient?
                    Not a legal advice. Use of this information is strictly at your own risk.

                    Comment


                    • #11
                      Originally posted by shervin143 View Post
                      Yes.
                      Hello,

                      My L1 renewal petition was filed in July 2010. It is more than 4 months now. When I check my case status in the USCIS website it shows as 'Initial Review'. Any idea how long it takes to get a response from USCIS for L1 renewal. Itwas done via normal processing. My I94 expired in August 2010. I am worried about not getting a respoonse yet.

                      Comment


                      • #12
                        Earlier it used to be 2-3 months. Recently it is taking more time than usual. California service center has changed the processing duration from 90 days to 130 days.

                        It is for reason like this why you should file the extension well in advance. You have 6 months before the I-94 expiry date to file the extension.


                        Originally posted by rubies View Post
                        Hello,

                        My L1 renewal petition was filed in July 2010. It is more than 4 months now. When I check my case status in the USCIS website it shows as 'Initial Review'. Any idea how long it takes to get a response from USCIS for L1 renewal. Itwas done via normal processing. My I94 expired in August 2010. I am worried about not getting a respoonse yet.
                        Not a legal advice. Use of this information is strictly at your own risk.

                        Comment


                        • #13
                          Originally posted by shervin143 View Post
                          Earlier it used to be 2-3 months. Recently it is taking more time than usual. California service center has changed the processing duration from 90 days to 130 days.

                          It is for reason like this why you should file the extension well in advance. You have 6 months before the I-94 expiry date to file the extension.
                          Thank you for your response. I have crossed the 130 days period. May be I will get a response in a few days from now. Is there any harm in my case that I had the filing done only a month before my I94 expiry.

                          Comment


                          • #14
                            Thank you for your response. I have crossed the 130 days period. May be I will get a response in a few days from now.
                            >>> If it is morethan 130 days, then your company attorney can take an infopass appointment with USCIS to discuss the progress of your case.

                            Is there any harm in my case that I had the filing done only a month before my I94 expiry.
                            >>> There is no hard as long as your extension is approved. If your extension is denied, then your stay past the I-94 expiry date will be considered illegal.
                            Not a legal advice. Use of this information is strictly at your own risk.

                            Comment

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