what happens if we apply for H4 visa while L1 extension is in process

[syamsankar]

My I-94 expires in two days. I have given for L1 extension on premium basis. I got the receipt number one week before and it is still in acceptance status.My wife has an H1B valid visa. What will happen to my L1 petition if I e-file an H4 visa today. What is the best option I can have to continue my stay in US.
Kindly advice....

[kabkaba]

You should not file another status related application while 1 is pending. You are allowed to stay in the US while your L1 remains pending even after your I-94 expires.

[syamsankar]

But in case, if my L1 extension got rejected by next week, I can not apply for an H4 , since my I-94 also will expire by tomorrow. In that case what can I do... Kindly advice me.

[kabkaba]

In that case you will have to leave the US, obtain an H4 Visa and return.

The other risk is that if L1 is approved first and then H4 COS is approved, H4 will stand and you will have to stop working and file for L1 COS again or leave the US and return with an L1 Visa in order to work.

You have to decide which risk you want to take.

[syamsankar]

Thanks for your advice. One more doubt.
Suppose if I e-file H4 today and submit the supporting documents by Tuesday or Wednesday when will my L1 get affected. ( If there is a chance for my L1 to get RFE or Approval by monday , will it get affected, as I am submitting the supporting docs by Tuesday or Wednesday only).
Do I have an option to withdraw the H4 petition before I submit the supporting documents ( In case L1 gets approved/RFE by monday )
Note: There is larger chance for L1 extension to get rejected in my company ( recently )

[syamsankar]

Please reply to the last thread as fast as possible. I have to take a decision before the end the day

[kabkaba]

Here's what you should do.
efile I-539 to change to H4 today, this will save you from I-94 expiry.
Wait for 1 week to see if your company receives a decision or RFE.
If it is denied or RFE'd at the end of next week, send supporting documents for the I-539.
If L1 is approved by the end of the week, don't send I-539 supporting documents but send a plain paper letter requesting withdrawal of I-539.

When you eFile I-539, the system will generate some documents, read these carefully to see if there is any deadline for sending supporting documents, you can wait until that limit.

[syamsankar]

Thanks a lot. It will be very much helpfull.

[kabkaba]

Remember the risk that if L1 is pending and you send supporting documents, H4 may get approved after L1 and that will invalidate your L1 status. There may be no way to withdraw the I-539 once you send supporting documents.

[piya]

I am in an exact situation. My L1 extension got an RFE. My Visa and I-94 expired on 21 Aug. But I have eFiled (I-539) for COS to H4 on 19 Aug. But haven't submitted the supporting documents for H4 yet. Am I still eligible to work?. If so how long can I work? Also how late can I submit the supporting documents for H4 COS which I had eFiled?

[kabkaba]

If the system generated documents don't have any deadline, I think it is safe to wait 2 weeks before sending supporting documents in such a case. In the meanwhile your employer can respond to the RFE and upgrade to premium if possible.

[piya]

Since I had already eFiled for COS to H4, am I eligible to work ?

If so, how long?

Please note my L1B extension has already been filed under premium and went for RFE and my company should be submitting the RFE documents.

[kabkaba]

Filing COS does not change your status and make you ineligible for working. Like above, you should wait for 2 weeks and ask your employer to respond to the RFE asap. AFter USCIS receives RFE response, they should give a decision within 15 days.

[piya]

Thank you. I had asked my Employer to submit documents for RFE at the earliest.

[maverick_amit]

Hi Piya/Syamsankar,

Could you guys tell me if both of your visas(L1) were Blanket type.
I mean did any one of you have a L1B Blanket?

Thanks
Maverick