L2 I-94 extension while H1/H4 are in premium processing

[vishalagrawal1]

Hi, I am in a very weird sitution and I would really appriciate any help to guide me through to resolve it.

I am currently working for company A on L1 B Blanket Visa. The Visa expires on Sep 16, 2012. The petition is valid indefinitely. When I travelled to US last time, I got an extensed I-94 till Dec 2014. My wife travelled alone and she got her I-94 till Sep 16,2012. Now, my company is asking me to apply for her I-94 extension.

I had applied for H1 Visa for 2010 cap when I was in india and the petition got approved but I mever utilized it and maintained my L1 status. I thought of utilizing it now and Company B is applying for COS from L1 to H1 for me and L2 to H4 for my wife this friday in premium processing. Considering that I will know the decision in 2 weeks (by august end), I have following questions:

1. Would I have enough time to apply L2 I-94 extension if I get RFE/rejection by August end?

2. Can I apply for L2 I-94 extension now while H1/H4 is in progress?

3. What the are the other options I have if I get RFE on H1B?

4. What if my H1 approval does not come in 2 weeks and I apply for L2 extension for my wife and than we get H1 and H4 approval?

5. The H1B employer is small consulting firm which does the body shopping mostly.

Thanks for your help!!

[vishalagrawal1]

Could anyone please suggest me the options? I need your help real bad.

[pontevecchio]

You have a complex set of circumstances.

1. Why did she get an I94 only till 2012 and not 2014?

You can wait and see what happens and she can leave and come back either on the L2 visa or the H4 visa as appropriate. You should discuss this with a Lawyer.

[vishalagrawal1]

She travelled to US after I travelled and she got the I-94 based on Visa expiry date. My H1 eployer has applied for my H1 and her H4 visa COS today in PP. Now I am not sure if I can do anything but to pray that I get the approval within 2 weeks.

[vishalagrawal1]

Hi, I am waiting for H1B COS to Approve. Is there any other option I am left with? Any help would be really appriciated. Thank you so mcuh.

[pontevecchio]

^{If the H1 petition is denied she can leave and come back on a L2 visa. Why are you not talking to a Lawyer?}