L1 extension is not applying so planning to apply for H1

[surendrach]

Hi,

I'm on L1 which will expire on Apr 10th, 2013. Even my I-94 has same date. I'm planning to apply for H1 on Apr 1st 2013. So I would like to know what are the things I need to consider in my case?.

1. Should I need to move to H4 before applying H1?. If YES then when should I apply for H4.

2. Also do I need to have approved H4 before applying for H1 or only H4 receipt number is fine?.

3. If H4 receipt number is fine then after applying H1, H4 is approved then will there any impact to H1?.

Thanks a lot for your help. Your help is much appreceated.

[Attorney_23]

First of all, I am assuming you have a spouse in H1B (otherwise, you likely would not be eligible for H4 status.) If your L1 status is expiring in April 2013 and your H1B start date would be October 2013, you would need to find some status to change to if you wish to remain in the U.S. until October.

An application to change status to H4 which is filed in April would generally be adjudicated well before October. There is no guarantee, of course, but it would be unusual for such a petition to remain pending for 6 months.

[surendrach]

Hi,

Thank you so much for your reply.

Yes, My spouse is on H1 now. So I can apply H4 in March, parlelly I will also apply for H1 on April 1st 2013. So my understnading is, If H1 is approved before H4 approved then I need to go for Change of Status from H4 to H1.

Also I'm having this question as well. Can we do L1 to H1 on April 1st 2013. If YES then once I get approved H1 before Oct 2013, Can I staty in US since the H1 will be valid from Oct1st 2013 or I have to leave the country and get back with H1 stamped visa.

Thanks a lot in advance for your help.

[Attorney_23]

In general, if a petition to change status from L1 to H1B is filed in April requesting an October 1 start date, the individual would remain in L1 status until October 1. (In other words, a petition requesting a change of status in the future would have no impact on the individual's existing status until the start date.)

[surendrach]

Hi,

Thank you very much for your response. I should have write more details about this question. I'm sorry about that. Here is my question with more details.

My L1 is expiring on Apr12th 2013 and I-94 is also having the same date. So Can I do L1 to H1 on April 1st 2013 (new H1B). If YES then once I get approved H1 before Oct 2013, Can I staty in US since the H1 will be valid from Oct1st 2013 but my L1 is already expired or I have to leave the country and get back with H1 stamped visa.

Thanks a lot in advance for your help.

[Attorney_23]

In general, if a foreign national files for a change of status which is set to take effect in October, but his/her status runs out in April, he/she must leave the U.S. in April and the petition will act as a straight petition.

[surendrach]

Hi,

Thank you so much for your information. I was thinking the below option and would need to confirm with you whether this option is possible or not.

I'm on L1, which is valid till Apr 12th 2013 so I'm planning to apply H1 on APR 1st 2013. Also My spouse is on H1 right now. So If I go to India on APR 10th 2013, and get H4 stamped (H1 might get approved by the time I go for H4 stamping if I apply in premium) and come back on H4 in SEP 2013, will there be any problem for my H1 which is already filed and might be in process or it might be already approved by the time I reach US on H4.

If YES then I will be having two I-94s like one I-94 is with current which is with H1B and when I return on H4 I will get new I-94. Once I come here then I will do COS from H4 to H1. Will there be any problem?.

Could you please suggest me the best options in my case?.

Going back to India, Get H4 stamped and once come back here in SEP then do the change of status from H4 to H1 ? OR

Don't goto India, Be here and apply for H4 , Once H1 is approved then do a COS from H4 to H1.

Thanks a lot in advance for your help.

[Attorney_23]

I can only provide general guidance via the forum. For such specific guidance, I believe you need to schedule a consult with one of our attorneys. In a formal consult, you can go over your immigration history with the attorney and your goals, and the attorney can advise you on how best to proceed. To schedule a mutually convenient appointment time with an attorney in our office, please call 410.356.5440 between the hours of 9:00am and 5:00pm (ET).