I-539 COS approved but H4 effectice date is not correct in I-797A


ckapoor0402

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Hi ,

Earlier I was on L1B status(spent 5 years on L1B)  and then before my I-94 expiry and 5 years also getting over at same time .I sent I-539 to USCIS to convert my visa to H4(due to my wife valid H1B status). My employer had also filed my L1B to L1A conversion in June,2015 but I resigned in Dec,2015 before I-94 expiry and sent my I-539 for conversion to H4.

 

In Feb,2016 my L1B to L1A got approved but technically it should be invalid as I resigned that employer in Dec,2015 itself.Somehow my employer didn't send withdrawal notice to uscis.

Thereafter my I-539 got approved in March,2016.

 

Below are the dates .

 

I-94 expiry date(also 5 years completion on L1B)  ---> 20th Dec,2015

I-539 receipt date by uscis --- > 2nd Dec,2015

 

I-797A - H4 approval date ---> 03/22/2016 ( in the approval notice by USCIS)

 

Though in my I-539 form to USCIS,  I had mentioned my new status effective date 12th dec ,2015 but still USCIS has issued me H4 starting from 22nd March 2016 till 5th Sep,2018( H1B expiry date of my wife H1B)

 

My worry is though USCIS was working on my case from 2nd Dec,2015 till 22nd Mar,2016 when they approved my H4 . What would be my status from 12/02/2015 till 03/22/2015.

 

I have plans to go back on H1B in future and at that time I will need to provide how much time did I spend in US on L1 status . So that accordingly I will get H1B and will need to get my GC process started . I was assuming that I will still have one year left on H1B as I stayed only for 5 years on L1 visa.

 

Below are my questions ..

 

1.  3 and half months ( from 12/02/2015 - 03/21/2016) would be my H4 stay or L1B stay or L1 ( as uscis approved my L1A though I left employer ) ?

 

2. Because once I will go back on H1B my 5 years stay on L1B will be counted and  accordingly I will get H1B only for the 6 years minus time spent on L1 in US ?

 

3. If I will go on H1B in future , Can I still say that I spent only 5 years on L visa or

5 years + 3.5  months ( while uscis was working on my case) ??

 

Or shall I appeal USCIS to change effective date of my H4 status ??

 

Please advise me on my questions...

 

 

 

 

 

 

 

 

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The fact that you got an I94 with H4 approval means they consider your stay legal. The resignation letter and the response if any from the company is adequate proof that you stopped being in L1 status from December. Even if you get one year H1 after being subject to the cap which is not a guarantee, it takes a bit of time to do PERM, etc.

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