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L1 expires Jul'13. Extension applied. Can H4 application be done after expiry?

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  • L1 expires Jul'13. Extension applied. Can H4 application be done after expiry?

    My L1 - I-94 expires Jul'13. My Company has applied extension already. But as L1 Extension rejection rate is very high these days and I do not want to leave country in case rejected so I want to apply H4 beforehand to safe guard my case(AND not wait for L1 extension decision). Question is : Do I need to apply the H4 COS from L1 to H4 before Jul'13 ( I-94 expiry date) or can it be applied later on as I already have a legal stay beyond Jul'13 based on my L1 Extension receipt notice.

    If I have to apply L1 to H4 COS before my I-94 expiry, then is it absolute necessary to withdraw my L1 extension request? Can I withdraw my L1 extension request once my H4 is approved?( This would enable to work with my employer for few additional months).

    I understand that H4 generally takes 2-3months for approval and L1 extension may take longer than that. But what will happen if L1 extension denial comes quicker before H4 approval. Then will I have to leave the country or can I stay based on my H4 application notice?

  • #2
    Originally posted by L1toH1Query View Post
    My L1 - I-94 expires Jul'13. My Company has applied extension already. But as L1 Extension rejection rate is very high these days and I do not want to leave country in case rejected so I want to apply H4 beforehand to safe guard my case(AND not wait for L1 extension decision). Question is : Do I need to apply the H4 COS from L1 to H4 before Jul'13 ( I-94 expiry date) or can it be applied later on as I already have a legal stay beyond Jul'13 based on my L1 Extension receipt notice.

    If I have to apply L1 to H4 COS before my I-94 expiry, then is it absolute necessary to withdraw my L1 extension request? Can I withdraw my L1 extension request once my H4 is approved?( This would enable to work with my employer for few additional months).

    I understand that H4 generally takes 2-3months for approval and L1 extension may take longer than that. But what will happen if L1 extension denial comes quicker before H4 approval. Then will I have to leave the country or can I stay based on my H4 application notice?
    Never advisable to have two status related application at the same time.

    Read the below Forum Archive seniors have already given the possible options:



    This is my opinion not legal advice.

    Comment


    • #3
      If you have two simultaneous applications pending, your status is determined by the last action rule. If H4 status gets approved after L1 approval, your status will be H4 and you will not be able to work. Change of status application must be filed before I-94 expiry or otherwise it will be a bridge application. In that case it can only be approved if L1 extension is approved and that is not the purpose. It is possible that you can withdraw your H4 application once L1 extension is approved, but USCIS may not consider the withdrawal in time and still change your status. That makes your extension of status a matter of confusion.

      A solution to this problem is to wait for the L1 decision and if that gets denied, then leave and return with H4 Visa.
      This is my opinion and not legal advice.

      Comment

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