New H1b with L2 pending


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Posted (edited)

Hello All!

I have question regarding possible overlap of status changes. 

My wife is on L2 visa  which is valid till Sep 1st 2020 and I have already filed L1/L2 extension few days back to extend it. She got selected in H1b lottery this year and her petition was submitted to USCIS for approval few days back. Because both approvals takes kind of similar time, I am worried about possible overlap of visa statuses and have some questions regarding it:

1.) If both H1b approval and L2 extension happens before 1st Oct (in any order), then will the status be -> L2 till 1st Oct then H1b?

2.) If only H1b is approved before 1st Oct, I am planning to rescind my wife's i539 application on 1st Oct itself. But, what if my request letter didn't reach USCIS in time ? USCIS will consider the date I sent the letter or the date it received it?  As I read somewhere that USCIS might take months to send received notice.

Also, if I successfully rescind i539 from 1st Oct in above scenario, Will my wife's stay from 1st Sep to 1st Oct be legal?

3.) Lastly, If only H1b is approved before 1st oct, I still have to wait till 1st Oct to rescind my wife's i539 form? To ensure legal status from 1st Sep to 1st Oct? 
Is there a way to do it before 1st Oct and avoid all this?

 

Thanks. in advance!!

 

Edited by Sunny3vedi
added details
  • 1 month later...

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