Applying H1B (Currently on L1B)


dantulurii

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Hi

 

I am currently on L1B extension (expired on Nov 14, 2014) and waiting for USCIS update on the extension. It is currently in initial review. My wife is also working on H1B.

 

I want to apply for a fresh H1B in April 2014 and have a query on the process -

 

1.If my L1B gets approved before April 2014 - I can go ahead and file the H1B with the information I have submitted with the current L1B status.

 

2.If my L1B gets denied after my H1B is filed - [Question] If i go back to India and come back on H4, Does my H1B petition require any amendments? Can you please explain process here?

 

3.If my L1B gets denied before April 2014 - [Question] If I go back to India and come back in H4. Can I file my H1B with the H4 information.

 

4.While i am awaiting results for my L1B extension, can i apply for a H4 now itself ? Is there a way for me to avoid going back to India once my L1 is rejected by having a H4 before the rejection? If i start process for my H4 now, will it de-activate my L1B?

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  • 5 weeks later...

If L1B extension is denied before April 2014 ask your H1B employer to file H1B petition as consular processing. In this way even if you enter US on H4 after April 2014 to be on H1B status from Oct 1st 2014 you would need to exit and enter US with a H1B visa.

 

If L1B extension is denied before April 2014 (say March 2014) and if you exit and enter US on H4 visa before 1st April 2014 ask your H1B employer to file H1B petition as COS from H4 to H1B. In this way you can stay on H4 status till 30th Sept 2014 and automatically your H1B status starts from Oct 1st 2014 without the need for stamping.

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1. Any H1 sponsor can file your H1 petition in April .

2. Even if you come back in H4 status and have an approved H1 petition you would need to leave and return with the H1 visa up to 10 days before the start date.

3. Why are you exceedingly sure the L1 extension will be denied? If you change status now to H4 then you will need to stop working after the H4 status approval. Your best bet is to not avoid the H1 visa and have the sponsor file your H1 for CP.

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