L1B to L1A and H4 COS at same time

[ckapoor0402]

Hi,

Im on L1B with I-94 valid till 11th December ( 5 years will also be completed at same time).

My employer has filed L1B to L1A conversion and its in process.

My wife has got H1B approved . Now Im thinking to to file H4 cos to stay legally in US after 11th Dec. Below are my questions.

 

1. Can I file H4 cos while my L1A to L1A is in process. Will there be any issues ?

2. If I file H4 cos before 11th Dec , From when shall I stop working . After USCIS will generate receipt # for H4 COS or from the same day after USCIS will receive my I-539 ?

3. What is the safe time to file H4 COS provided I can work till 11th Dec.

 

[jairichi]

1. Yes. Make sure you withdraw H4 petition once COS to L1A is approved.

2. You need to stop working on the last day of your L1B expiry.

3. Even if you file COS to H4 now it will not happen before Dec 11th.

[ckapoor0402]

Jairichi,

Thanks for your reply , Can you please advise

That lets say my L1A is rejected and then I file

My H4 COS before 11th dec by mentioning effective date as

12th Dec on I-539 .

Will my status after 11th Dec will be legal

If USCIS will receive my I-539 and its in pending .

Or receipt # has to be generated by USCIS for I-539 before

11th dec then only I can have legal status after 11th Dec.

Not sure how much time does USCIS take to generate receipt #.

If my L1A decision will be pending till 11th dec then

What's the best option for me .

Can I file H4 cos to be on legal status in US in that

Case USCIS will have L1B to L1A as well as H4 cos also at same time.

But to be on legal status in US after 11th dec I have to file H4 cos.

Please advise .