LA_VKumar Posted March 19, 2012 Report Share Posted March 19, 2012 Please any one help me, I am in very horrible situation with my US Job. My L1A is expiring on 18th April 2012 which completes my 5th year, My company A employer doesn’t want to renew it for final time. I had applied for H1B with company B in 2008 & got approved in March 2009, but I didn’t join with company B, bcoz of recession at that time & I don’t want to take risk. My H1B approval is expired from October 2011. 1. Can I now apply for renewal of H1B with company B in premium process & continue staying here with a work after getting H1B approval. 2. Second issue is I am really worried about my family. I was not married when I applied for H1B. Now my family is with me & can I apply H4 simultaneously for wife & baby. Link to comment
goomail Posted March 30, 2012 Report Share Posted March 30, 2012 1. Your employer need to submit a COS from L1 to H1 (Since you are currently on L1 status). Your employer can request an immediate start date in I129 (No need to wait until Oct 1 since you were already cap counted). You can start working for the new employer once COS approved. If the H1 is NOT submitted as a COS, you must leave US and return after getting H1 stamped from your home country. Then only your status will change to H1 and you become eligible to work for the H1 employer. 2. You MUST file L2 to H4 also before your H1 gets approved, and you can. Otherwise they will become out of status when your L1 to H1 approved. Link to comment
hiralsharma44 Posted March 31, 2012 Report Share Posted March 31, 2012 Will his family members get out of status right on approval or will it happen on approval of COS? Link to comment
goomail Posted April 10, 2012 Report Share Posted April 10, 2012 They will go out of status only if H1 was approved as COS and from the start date in the H1 approval notice. If H1 is approved for consular processing, his status will not change to H1 from US and hence his dependants won't have any issues. Link to comment
R_V Posted April 12, 2012 Report Share Posted April 12, 2012 Hi, I'm pretty much in the same exact situation. I'm currently on L1B visa with a valid I-94 till Nov 2012. But my employer has asked me to go back to India by end of April since the project has completed. I'm planning to apply for H1B through a different employer. Assuming that it is approved, can I file a change of status from L1 to H1 now and continue staying in the US? Is it possible for my employer (who applies for H1B) to request for an immediate start date since I'm in the US already? Link to comment
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