Applying L2 extension & H1

[Neha007]

Hi,

I have applied for H1 visa last week and yet to get the receipt number.Since my L2 Expires by next week my spouse company is filing L2 Extension for me. Is this legal? Which visa status i will hold next?
Kindly advice pls.

[kabkaba]

When does your I-94 expire? Is the H1 petition filed as change of status? Having two status related applications pending can be complicated. Provide more details.

[shervin143]

If this H1B petitiion is filed under a new CAP, then the effective date will be on or after Oct 1st. So you don't have a choice other than to file the L2 extension now to be in valid status until Oct 1st. Did you file the L2 extension first and then based on the pending L2 extension, did you file the H1B COS? If not, the chances are that your H1B (if cleared) will get approved for consular process (The approval notice will come without a new I-94). Meaning, you cannot work until you get the H1B stamped and re-enter U.S in H1B visa. In such case you will remain to be in L2 status (If L2 extension gets cleared).

You need to provide more details to get specific answers. Also, search and read about the last action rule.

[Neha007]

Applying L2 extension & H1

My current I94 and L2 expires on AUG 24 2011. The H1 was filed as COS last week in normal process. L2 extension will be filed in this week.
My employer filed the H1 under COS last week based on the L2 which is expiring this week.
In this case, will my H1 becomes active here in USA or do i need to go to India consulate for the H1 VISA stamping and new H1 based I94 through port of entry if my H1 gets approved after L2 extension approval ?

[kabkaba]

Since your current status does not extend up to Oct 1, it is highly likely that change of status to H1 may get denied, since USCIS has no information regarding your L2 extension application. You should file L2 extension along with your spouse's L1 extension before your I-94 expires. Then when you receive a receipt for that application, ask your H1 employer to send a copy of that receipt and a cover letter explaining your continued status up to Sep 30. If H1 petition is not adjudicated at that time and USCIS considers this notice, your H1 will be approved as change of status with an I-94 at the bottom of approval notice. If that happens you can start working in H1 status from Oct 1 without leaving the US. You will still need an H1 Visa whenever you leave the US and want to return.
If H1 is adjudicated before USCIS receives the L2 extension receipt or they just don't consider it, they may approve the H1 without change of status. In that case you will need to leave the US, apply for H1 Visa and return after last week of September in order to start working for the H1 employer.