L1B to H4 COS

[deepak_pathania]

I am in complex situation and I have multiple option but I need
to select best option.

Current Visa status of my wife :
------------------------------------
My wife 's company filed L1 extension for her and she is on
maternity leave. Her I-94 is already expired but as we are waiting
for approval/rejection so she is still in USA.

I am having H1B Visa

Our Requirement :
-----------------
She wants to be on leave and stay in USA even after after
L1B rejection or approval


POssible questions in my mind :
---------------------
1) What will happen to her L1 extension if she goes back to India ,
get her H4 before getting approval/rejection on L1B and then come back to USA.

2) Lets say her L1 is approved after she comes back to USA on H4.Is her H4
still Valid or she have to work on L1B. She still wants to be on leave .


3) Lets say her L1 is rejected after she comes back to USA on H4. Will there
be an impact on H4 also ? Does she need to go back to India after
L1 rejection or she can stay in USA

[kabkaba]

I am in complex situation and I have multiple option but I need
to select best option.

Current Visa status of my wife :
------------------------------------
My wife 's company filed L1 extension for her and she is on
maternity leave. Her I-94 is already expired but as we are waiting
for approval/rejection so she is still in USA.

I am having H1B Visa

Our Requirement :
-----------------
She wants to be on leave and stay in USA even after after
L1B rejection or approval


POssible questions in my mind :
---------------------
1) What will happen to her L1 extension if she goes back to India ,
get her H4 before getting approval/rejection on L1B and then come back to USA.

In such a case, if L1 is denied, her stay from I-94 date to date of departure will be illegal. If L1 is approved, her status will be in question (it may still be L1 and then she will have to maintain it by working).

2) Lets say her L1 is approved after she comes back to USA on H4.Is her H4
still Valid or she have to work on L1B. She still wants to be on leave .

See above.

3) Lets say her L1 is rejected after she comes back to USA on H4. Will there
be an impact on H4 also ? Does she need to go back to India after
L1 rejection or she can stay in USA

How long does she want to stay on leave? Unpaid leaves for genuine reasons such as pregnancy are allowed. She may even stay in L1 status and remain on unpaid leave if proper documentation such as doctor's letters are maintained.

If she wants to quit the job, best way to approach this is to wait for L1 decision, upgrade it to premium if possible. After L1 is approved, then file COS to H4 and then quit the job.