H1 to L2

[Sweety07]

Hi Everyone,

I am on H1B currently and my husband is on L1. My H1B visa is going to expire on sep 3rd week ,2011 . My employer want to apply the extension of my h1B visa on Aug last week but In october i want to go to india for 3 weeks , But my employer was suggesting not to go.
Is it a good idea to change to L2 untill i come back from India ?
Can we apply both L2 COS and H1 B extension? Can i use this H1 B extension staus after coming from india.

I am totally lost what to do . please suggest me best idea.

Thanks,
Sweety

[shervin143]

It is not advisable to leave the country when a petition is pending with USCIS. Extension can be filed 6 months prior to the I-94 expiry date. Not sure why your employer is waiting until the end of August to file the extension. Here are your options..

1) File the H1b and wait until a decision is made on your case and then leave the country. If the extension is approved, make sure you return the I-94 that comes with the approval notice at the airport. Your employer can also file the extension is premium which will get you the result within 15 days.

2) Leave the country and return back in L2 visa. The employer can file a COS from L2 to H1B and when that gets approved, you can start working again. You cannot work until the COS gets approved.

3) Leave the country and the employer can file the H1B for Consular process. You can return back when the petition gets approved (You need a valid H1B visa to return). You will get a new I-94 at the POE matching your extended petition expiry date.