L2 to H1B COS Help!!

[cg841230]

Hi,
My wife is on L2 - EAD working for company A. The same company filed her H1B this year.
We got the approval notice I-797B with out I-94. What does this mean? Does she needs to leave the country before Oct1st and get new visa? or can she continue stay until her EAD expires? We are not clear on what her status will be after Oct 1st

Appreciate quick response. Thanks in advance.

Thanks

[raghvi]

Hi,
My wife is on L2 - EAD working for company A. The same company filed her H1B this year.
We got the approval notice I-797B with out I-94. What does this mean? Does she needs to leave the country before Oct1st and get new visa? or can she continue stay until her EAD expires? We are not clear on what her status will be after Oct 1st

Appreciate quick response. Thanks in advance.

Thanks

When is her L2-EAD and I-94 expiring?

It most likely means that her H1 is approved with consular processing what that essentially means is that come 01-Oct-2012 she would continue to be in L2-EAD status unless she leaves US gets H1 processed and returns on H1.

She cannot work with the employer on H1 or transfer this H1 to some other unless an amendment to the underlying H1 petition is filed to convert from consular processing to COS. the amendment will be approved only at USCIS discretion.

This is my opinion not legal advice.

[cg841230]

L2 to H1B COS Help!!

Thanks for your response!

Her EAD and I-94 expires in April next year. Her Current Employer and H1B sponsered employer are same.

Is the "amendment to the underlying H1 petition" is hard to get COS without leaving the country?
How long it takes to get this approval?

Is this same that L1 - H1 guys usually takes to change the employer once they found a new job with the consultancy?

[cg841230]

L2 to H1B COS Help!!

Thanks Raghvi!

Can you throw some light on this process "amendment to the underlying H1 petition".
Is this a complex procedure which also involves lot of money (cost)?

Thanks