H1B approval time

[bipnis]

My husband's company is applying for his H1B this april 1st 2013..it is a COS from L1B with the same company(MNC).it will be normal processing
Any idea about when you will get the approval notice ? usually how long does it take to get the visa approved... since it is the same company and no change of eployer , i guess we dont have to consider the October 1st cutoff

pls help

[raghvi]

My husband's company is applying for his H1B this april 1st 2013..it is a COS from L1B with the same company(MNC).it will be normal processing
Any idea about when you will get the approval notice ? usually how long does it take to get the visa approved... since it is the same company and no change of eployer , i guess we dont have to consider the October 1st cutoff

pls help

Till when is your spouse's L1B associated I-94 valid?

What is being applied is a H1 petition, the visa is stamped only outside US at a US consulate. With that said, since its normal processing, it can take 2-3 months to get approved petition if no RFE.

And you are wrong in assuming that the 01-Oct-2013 doesnt apply. All new fresh H1s will be effective only from 01-Oct-2013. No change of employer doesn't advance that date.

This is my opinion not legal advice.

[bipnis]

Thank you raghvi... I am sorry i mentioned it as visa not h1b petition...his l1b visa got expired in dec 2012...but i94 is valid until april 2015...employer is filing GC for him this/next year .but our l1b 5 year period ends in 2015 january.so to keep him legal while the gc process they are doing h1b nw....iasked this particular qstn becsuse i am wrking on l2-ead nw.so i would like to know how long i can work further before getting converted to h4 ...i thought, if under the same employer change of status from L1B to H1B occurs,the effect is immediate---as soon as you get the h1b approved,ur L1 is cancelled ..so u r saying any new approved H1B will be effective only from october 1st.am i right.???so i can work 6 more months on my L2-EAD rt?

[raghvi]

Thank you raghvi... I am sorry i mentioned it as visa not h1b petition...his l1b visa got expired in dec 2012...but i94 is valid until april 2015...employer is filing GC for him this/next year .but our l1b 5 year period ends in 2015 january.so to keep him legal while the gc process they are doing h1b nw....iasked this particular qstn becsuse i am wrking on l2-ead nw.so i would like to know how long i can work further before getting converted to h4 ...i thought, if under the same employer change of status from L1B to H1B occurs,the effect is immediate---as soon as you get the h1b approved,ur L1 is cancelled ..so u r saying any new approved H1B will be effective only from october 1st.am i right.???so i can work 6 more months on my L2-EAD rt?

Yes you can if your EAD is valid. Dont forget to file your L2 to H4 COS too along with your spouse's L1 to H1 COS.

This is my opinion not legal advice.

[bipnis]

Yes you can if your EAD is valid. Dont forget to file your L2 to H4 COS too along with your spouse's L1 to H1 COS.

This is my opinion not legal advice.

Yes my EAD is valid until Oct 2014 ..but no use after oct 2013

[bipnis]

I have one more question
My husbands company attorney has given him 2 options for the H1B petition
1) Change of status with effect from October 1, 2013 : we need to get it stamped ONLY if are going out of the country
2) Consular processing : we need to go out of the country before the current i94 expires ,and go to the embassy and get it stamped and reenter the cuntry with the H1 visa--Do we need to attend a visa interview at the consulate for this ??Is it like a fresh H1B visa processing ?? ..The benefit of this option is I can work until 2015 ON MY EAD because I am not going under H4 until then


We feel that the consular processing is risky because what if they reject our application at the consulate ??Anyone has any experience on this??...we think if we do Change of status here , the rejection rate is less and even if they reject we have the L1 status to stay back here until 2015..

Anyone has any experience on this ???WE dont want to mess up with our GC.