Employee99 Posted September 7, 2013 Report Posted September 7, 2013 Hi Friends, I got a query. I am right now working on L1 in USA and my company processed H1 for me and it got approved. So I am thinking it is applicable from october 1st. My Wife is also working on L2 in USA and her employer processed H1 for her but it is now in RFE (they gave time till October 30th). Now from october 1st my status will be H1 but what would be my wifes status? Can She Stay in USA after october 1st ? We are going to submit the documents in 2-3 days for RFE. Please help me friends. Thanks in Advance.
jairichi Posted September 7, 2013 Report Posted September 7, 2013 Hi Friends, I got a query. I am right now working on L1 in USA and my company processed H1 for me and it got approved. So I am thinking it is applicable from october 1st. My Wife is also working on L2 in USA and her employer processed H1 for her but it is now in RFE (they gave time till October 30th). Now from october 1st my status will be H1 but what would be my wifes status? Can She Stay in USA after october 1st ? We are going to submit the documents in 2-3 days for RFE. Please help me friends. Thanks in Advance. I believe as long as a decision is pending on her H1B petition from USCIS she is on legal status. To be safer you could request for premium processing.
Employee99 Posted September 9, 2013 Author Report Posted September 9, 2013 Thanks jarichi . So you mean she can stay in USA with H1 status pending ?? (with her L2 expiring september 30th) . Am I right? I request you to provide any proof for this for me to verify. I am going with premium processing only. But I heard that I can also apply for H4 to be in safer side...once H1 is approved. We can cancel the H4 request? Is that right? because my only concern if H1 is still pending by october 1st, she shold stay in usa without any status. so can she legally stay in USA if H1 is still in pending without any status for her? Thanks in Advance.
pontevecchio Posted September 9, 2013 Report Posted September 9, 2013 File her COS to H4. Deal with the H1 issue later. Is there a problem leaving to get a H1 visa ? She cannot dstay legally if you go into H1 status and she does not apply for H4 status.
jairichi Posted September 9, 2013 Report Posted September 9, 2013 Thanks jarichi . So you mean she can stay in USA with H1 status pending ?? (with her L2 expiring september 30th) . Am I right? I request you to provide any proof for this for me to verify. I am going with premium processing only. But I heard that I can also apply for H4 to be in safer side...once H1 is approved. We can cancel the H4 request? Is that right? because my only concern if H1 is still pending by october 1st, she shold stay in usa without any status. so can she legally stay in USA if H1 is still in pending without any status for her? Thanks in Advance. Yes, as long a decision is pending from USCIS on her H1B petition she will be in status. Yes, she can also apply for COS to H4 to be on safer side. But, it would bring unnecessary confusion. Keep required documents ready for a COS to H4 in case H1B gets denied. Talk to your attorney about it.
Employee99 Posted September 10, 2013 Author Report Posted September 10, 2013 Thanks Friends. I decided to start her H4 processing as well. Final question --How can I cancel her H4 if H1 is approved ? What is the process to cancel H4? Thanks in Advance
pontevecchio Posted September 10, 2013 Report Posted September 10, 2013 She cannot wait for H1 approval if her l2 status ends on October,1 unless she has a H4 COS pending by that time. Depending on the situation she may need to leave and come back with the H1 visa so that the COS to H4 is nullified.
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