L1 extension and H4

[neets126]

Hi

I'm on an L1 B visa valid till mid Oct, 2011. My company has filed for an extension of the same wich is currently pending with USCIS.

I'm 9 months pregnant and currently on maternity leave. Since my maternity leave is for short duration, I'm thinking of extending my leave and going on my husband's dependant visa- H4 while on the same (since my company will not let me be on their visa if I extend my leave). And for this I need to file an I-539 to apply for change of status from L1 to H4.

I have the following questions regarding the same.

1. If I submit I-539 now for change of status from L1 to H4, what will happen to my L1 extension which is currently pending with USCIS? Is there a possibility that I can get both the visas approved?
2. Can I travel to India for vacation once I receive a receipt for my I-539 submission or should I stay in US till I get the approval I-797?
3. Once I get the approval notice I-797 for my change of status to H4, while in US, and then I travel to India on vacation, do I need to apply for a new H4 visa to re-enter US or I just need to get my H4 stamped on passport?

Your response would be very helpful and thanks in advance for the same.

Thanks,
Neetha

[kabkaba]

It is not advisable to have two status related applications pending with the USCIS. International travel will further complicate matters.
Till what date can you be on Maternity leave and after that how much of a notice do you need to give? Technically you must apply for change of status before you cease being their employee. If you are planning to travel abroad anyway, you can apply for an H4 Visa and return and there may be no need to file I-539 at all.
In order to understand these complicated matters, provide more information related to your leave, notice period, travel plans etc. You can also consult an experienced attorney regarding the same.

[neets126]

Hi

Thanks for your reply.

My maternity leave would also be till the mid of October, around the same time my present L1 visa is expiring. And I was planning to go to India on vacation around the same time as well. I will have to give atleast a couple of weeks notice about extending my leave before doing the same.

How much time would it take to get a new H4 visa from India if I plan to apply for one after I go there?

Thanks,
Neetha

[kabkaba]

A good option in such as case will be to do the following.
Leave the US before your paid leave ends. Stay abroad on unpaid leave as long as you like. Petition will be extended by then. Apply for L1 Visa based on extended petition. Return to the US on L1 Visa whenever you and the company decide.
This way you will not be on unpaid leave while in the US.

[neets126]

Ok thank you.