H1B Out of Cap Visa

[onlineseek]

Hi,

I am currently working on L2 EAD. My earlier H1B visa was withdrawn by my previous employer after I had left them. I have still 4 years of stay left in US for H1 visa.

In Oct 2013, I will be losing my L2 visa status as my spouse would be moving to H1 visa. So, my current employer is planning to file H1B out of cap visa for me.

I wanted to know the following :

1) How much time is required for H1B out of cap petition to be approved.
2) Once I get my H1B out of cap petition approved, will my L2 visa be automtically cancelled or do I need to get the stamping done to move from L2 to H1 status?
3) In case, my H1B out of cap visa is filed now and I dont get an approval by Oct 2013 (when my l2 status is expired) , can I continue to work on the basis that I have already filed my H1B out of cap and am waiting for its approval ?
4) Once I get my H1B out of cap visa, can I immediatly start working on that or do I need to file a change of status to move to H1B out of cap ?

Thanks for your time and inputs.

Regards,
onlineseek

[raghvi]

Hi,

I am currently working on L2 EAD. My earlier H1B visa was withdrawn by my previous employer after I had left them. I have still 4 years of stay left in US for H1 visa.

In Oct 2013, I will be losing my L2 visa status as my spouse would be moving to H1 visa. So, my current employer is planning to file H1B out of cap visa for me.

I wanted to know the following :

1) How much time is required for H1B out of cap petition to be approved.
2) Once I get my H1B out of cap petition approved, will my L2 visa be automtically cancelled or do I need to get the stamping done to move from L2 to H1 status?
3) In case, my H1B out of cap visa is filed now and I dont get an approval by Oct 2013 (when my l2 status is expired) , can I continue to work on the basis that I have already filed my H1B out of cap and am waiting for its approval ?
4) Once I get my H1B out of cap visa, can I immediatly start working on that or do I need to file a change of status to move to H1B out of cap ?

Thanks for your time and inputs.

Regards,
onlineseek

When is you I-94 expiring, assuming its valid till 01-Oct-2013 or beyond and you have the details of the previous H1 petition and that it was approved in last 6 years,

1. 15 days in premium 2-3 Months non premium.
2. Your visa will not get cancelled, but your status will automatically change from L2 to H1 from the COS start date requested.
3. Risky, advisable to work only after getting approval. Oct is still far off, if filed timely you have enough time to get it processed. If denied you can always convert to H4, of course you cant work on H4.
4. Yes if approved. Make sure the same is mentioned in the COS request.

This is my opinion not legal advice.

[gurpreetmultani]

help required

Hi There,

My H1B is expired and I am in India right now. Can you pls guide me how I can file out of cap extension? Also, is this possible from India or I need to be in USA at B1?

Guri

Hi,

I am currently working on L2 EAD. My earlier H1B visa was withdrawn by my previous employer after I had left them. I have still 4 years of stay left in US for H1 visa.

In Oct 2013, I will be losing my L2 visa status as my spouse would be moving to H1 visa. So, my current employer is planning to file H1B out of cap visa for me.

I wanted to know the following :

1) How much time is required for H1B out of cap petition to be approved.
2) Once I get my H1B out of cap petition approved, will my L2 visa be automtically cancelled or do I need to get the stamping done to move from L2 to H1 status?
3) In case, my H1B out of cap visa is filed now and I dont get an approval by Oct 2013 (when my l2 status is expired) , can I continue to work on the basis that I have already filed my H1B out of cap and am waiting for its approval ?
4) Once I get my H1B out of cap visa, can I immediatly start working on that or do I need to file a change of status to move to H1B out of cap ?

Thanks for your time and inputs.

Regards,
onlineseek

[raghvi]

Hi There,

My H1B is expired and I am in India right now. Can you pls guide me how I can file out of cap extension? Also, is this possible from India or I need to be in USA at B1?

Guri

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