L2 - H1B Conversion (will the status if ok during this conversion period if the petition is denied and approved later)

[SBQ123]

I was on L1 visa until Feb 20 2012.

My wife was then on L2 and had visa and I94 both ending ending Feb 20 2012.

My company filed H1 Visa to convert my L1 to H1 during October 2011 and converted my L1 to H1 on Oct 10 2011.

Mean while an employer filed H1 for my wife during October 2011.

I didn't applied for H4 for my wife since an employer applied for H1 already.

Her H1 got an RFE on Jan 2012 and continued processing for a long time.

Her H1 got denied on April 2012.

Her employer then appealed the same petition and finally got an H1 approval in May 2012.

She got a 1 year H1 initial petition from May 2012 - May 2013, applied for extension now and also got an extension of H1 till May 2016.

 

1. Even though her I94 and L2 Visa was till Jan 2012, the moment my H1got an approval in Oct 2011, her L2 and I94 is deactivated, even she appiled for H1 then in oct 2011 will this create a problem in future?

 

2. Technically if an H1 application is in processing for L2 can they stay in US till the application is approved after I94 expiry and Visa expiry? In my wife's she also had a denial in April 2012 and the same H1 appealed and got approval in May 2012. Will this denial creates a problem in future and while india visa stamping now? 

 

1. Now my question is her previous I94 for L2 is ended on Feb 20 2012 and H1 petition got denied in April 2013, will she be out of status during that time, even though later her H1 got approved after appeal in may 2012?

 

2. Since H1 petition after denial got an approval in May 2012, so this H1 was treated as "In process" between Oct 2011 - May 2012 . Also currently her H1 extension now got approved till May 2016. Does this means she legally stayed (during Feb20 2012 - May 2012 ) and will not create any issues while stamping in India?

 

3. Now we are going for stamping in India. So will the above situation creates any problem of not having any status between Feb 2012 - May 2012 (Even though we applied for H1 petition and got denial and finally approved in May 2012.?)

 

4. If we see earlier L2 and other H1 petitions till date, she had L2 Visa till Feb 2012, then next H1 approved petition is starting only on May 2012. So what status(L2 / H1) will she was in during Feb2012 - May 2012?

[pontevecchio]

Too many questions. You should engage a Lawyer and go over your queries. Basically your spouse is fine in all respects.