L1 to H4 - Change of Status

[desi_indy]

Hi

I am currently on L1 and my wife is on H1. I have filed for my L1 extension and I am not very optimistic about the result, given the current approval trend.
Anticipating this, I have also filed for my H1 this year (2013) and it has got a query after lottery pick to which I need to reply. Meaning, H1 approval would take some more time.

So, if my L1 is rejected,
(1) I need to move to H4 and
(2) later once I get my H1 approval, should move on to H1.

Currently, I am at step (1) and trying to understand the best time to file for my H4 COS. Can I do it on the day I get my rejection and receive a receipt and stay in US legally or is it something which I need to apply in advance in order not to lose the status. But if I do that and get my L1 approval, what will I have to do? I do not want to leave US and want to have the COS from US only.

I am in a disarray and request your kind suggestions/advices.

Thanks

[raghvi]

Hi

I am currently on L1 and my wife is on H1. I have filed for my L1 extension and I am not very optimistic about the result, given the current approval trend.
Anticipating this, I have also filed for my H1 this year (2013) and it has got a query after lottery pick to which I need to reply. Meaning, H1 approval would take some more time.

So, if my L1 is rejected,
(1) I need to move to H4 and
(2) later once I get my H1 approval, should move on to H1.

Currently, I am at step (1) and trying to understand the best time to file for my H4 COS. Can I do it on the day I get my rejection and receive a receipt and stay in US legally or is it something which I need to apply in advance in order not to lose the status. But if I do that and get my L1 approval, what will I have to do? I do not want to leave US and want to have the COS from US only.

I am in a disarray and request your kind suggestions/advices.

Thanks

When is your L1 associated I-94 expiring?

Its never advisable to have multiple petitions with USCIS, in your case you would end up having L1 extension, L1 to H4 COS and L1 to H1 COS, and later on H4 to H1 COS all pending with USCIS confusing everything and will not know whats your exact status.

You can file for a L1 to H4 COS as long as L1 associated I-94 is valid. Also, you cannot work after filign a L1 to H4 COS. Typically its recommended to file L1 extension much before I-94 expiry , and as L1 extension requests are taking time and one should try to file L1 extension under premium. So that you get a decision much before L1 I-94 expiry. In this case if L1 extension is denied, one can file L1 to H4 COS before L1 I94 expiry, stop working from L1 I-94 expiry, stay in H4 and file a H4 to H1 COS later on to start working on H1.

This is my opinion not legal advice.

[desi_indy]

When is your L1 associated I-94 expiring?
Its never advisable to have multiple petitions with USCIS, in your case you would end up having L1 extension, L1 to H4 COS and L1 to H1 COS, and later on H4 to H1 COS all pending with USCIS confusing everything and will not know whats your exact status.

You can file for a L1 to H4 COS as long as L1 associated I-94 is valid. Also, you cannot work after filign a L1 to H4 COS. Typically its recommended to file L1 extension much before I-94 expiry , and as L1 extension requests are taking time and one should try to file L1 extension under premium. So that you get a decision much before L1 I-94 expiry.

This is my opinion not legal advice.

When is your L1 associated I-94 expiring?
Hello - My L1 i-94 expired in Feb 2013. A week before, my company filed for my extension for which I received a query. My company replied with a query mid of June and since then the status is Pending RFE Review. So, the answer is - I do not have a valid i-94 but legally staying with the receipt of extension and I am anticipating a result anytime before mid of August.

In this case if L1 extension is denied, one can file L1 to H4 COS before L1 I94 expiry, stop working from L1 I-94 expiry, stay in H4 and file a H4 to H1 COS later on to start working on H1.
This was my plan but did not know the right time to apply for L1 to H4 COS. Also, I am not sure on if I can revoke my L1 to H4 COS if L1 is approved. I understand that I cannot work on H4 until I move to H1 at a later point of time.
Since my H1 got an RFE, I am assuming the approval will take time but by then need to get a valid status.
- If my L1 gets approved I am fine but not 100% confident about it.
- Should I wait until the day of result and then apply for L1 to H4 cos? This will give me a clarity if I need L1 to H4 COS or not.

Please advise.

[raghvi]

When is your L1 associated I-94 expiring?
Hello - My L1 i-94 expired in Feb 2013. A week before, my company filed for my extension for which I received a query. My company replied with a query mid of June and since then the status is Pending RFE Review. So, the answer is - I do not have a valid i-94 but legally staying with the receipt of extension and I am anticipating a result anytime before mid of August.

In this case if L1 extension is denied, one can file L1 to H4 COS before L1 I94 expiry, stop working from L1 I-94 expiry, stay in H4 and file a H4 to H1 COS later on to start working on H1.
This was my plan but did not know the right time to apply for L1 to H4 COS. Also, I am not sure on if I can revoke my L1 to H4 COS if L1 is approved. I understand that I cannot work on H4 until I move to H1 at a later point of time.
Since my H1 got an RFE, I am assuming the approval will take time but by then need to get a valid status.
- If my L1 gets approved I am fine but not 100% confident about it.
- Should I wait until the day of result and then apply for L1 to H4 cos? This will give me a clarity if I need L1 to H4 COS or not.

Please advise.

Maybe I didn't make myself clear in my response earlier. Now that your I94 has expired, you cannot do a COS to any other status unless L1 extension is approved. As you said you are ok if L1 extension approved, but if denied, you will have to leave US , you cannot do a COS to H4 at that time. And your pending L1 extension may be the reason for your H1 RFE. USCIS would need a valid proof of your status on 30-Sep-2013 in order for them to approve for a COS to H1 starting 01-Oct-2013. This proof can only be given if your L1 extension is approved. So basically it all boils down to getting a successful L1 extension approval. If not you will have to leave US, get H1/H4 stamped and return.

This is my opinion not legal advice.

[desi_indy]

Maybe I didn't make myself clear in my response earlier. Now that your I94 has expired, you cannot do a COS to any other status unless L1 extension is approved. As you said you are ok if L1 extension approved, but if denied, you will have to leave US , you cannot do a COS to H4 at that time. And your pending L1 extension may be the reason for your H1 RFE. USCIS would need a valid proof of your status on 30-Sep-2013 in order for them to approve for a COS to H1 starting 01-Oct-2013. This proof can only be given if your L1 extension is approved. So basically it all boils down to getting a successful L1 extension approval. If not you will have to leave US, get H1/H4 stamped and return.

This is my opinion not legal advice.

Thank You for the detailed explanation.
Now I understand the definition of COS and hence moving to H4 being in US is not an option for me.
Assuming my L1 is rejected - Is there any other means I can still be US (just staying so can take care of my baby while wife works) until my H1 is approved?
Also can you please let me know
- How long will the process take for H4 visa? I did B2 for my parents and it was just DS160 and scheduling an appointment. Is it the same or more processing is involved?
- While my H4 is under process or after my H4 visa is stamped but when in India, if H1 is approved, can I come back on H4 and do a COS from H4 to H1.

I am not sure if I am talking the extremities but trying to put forward all the options. Please assist.

[raghvi]

Thank You for the detailed explanation.
Now I understand the definition of COS and hence moving to H4 being in US is not an option for me.
Assuming my L1 is rejected - Is there any other means I can still be US (just staying so can take care of my baby while wife works) until my H1 is approved?
Also can you please let me know
- How long will the process take for H4 visa? I did B2 for my parents and it was just DS160 and scheduling an appointment. Is it the same or more processing is involved?
- While my H4 is under process or after my H4 visa is stamped but when in India, if H1 is approved, can I come back on H4 and do a COS from H4 to H1.

I am not sure if I am talking the extremities but trying to put forward all the options. Please assist.

No other way. As your I-94 has expired L1 extension approval is the only way to legally stay.
-Yes similar to B2. DS160, scheduel appointment, take yours and spouse's papers and attend the interview.
-Yes.

This is my opinion not legal advice.

[desi_indy]

No other way. As your I-94 has expired L1 extension approval is the only way to legally stay.
-Yes similar to B2. DS160, scheduel appointment, take yours and spouse's papers and attend the interview.
-Yes.

This is my opinion not legal advice.

Thanks Raghvi. Your inputs were very helpful.

[desi_indy]

Thanks Raghvi. Your inputs were very helpful.

Hi

I got my L1 extension rejected yesterday.
My company might ask me to go back to my base branch in india mostly by end of next week.

I am thinking on going to Canada for my H4 and coming back to US so I do not have to leave my family for long.
Can you please let me know if that is a possibility?

[raghvi]

Hi

I got my L1 extension rejected yesterday.
My company might ask me to go back to my base branch in india mostly by end of next week.

I am thinking on going to Canada for my H4 and coming back to US so I do not have to leave my family for long.
Can you please let me know if that is a possibility?

Yes it is possible.

This is my opinion not legal advice

[desi_indy]

Yes it is possible.

This is my opinion not legal advice

Thanks Raghvi.
I was enquiring and reading several blogs in the risk involved.

I am not sure what to do since every case was a different one.

1. My wife did a COS from L2 to H1 in 2012 and has no Visa. With that can I go ahead to Canada consulate and get my H4 stamping done? Are there any risks involved.
2. If I have to go for stamping, do I have to take a Canadian visa?

[vbavisetti]

Thanks Raghvi.
I was enquiring and reading several blogs in the risk involved.

I am not sure what to do since every case was a different one.

1. My wife did a COS from L2 to H1 in 2012 and has no Visa. With that can I go ahead to Canada consulate and get my H4 stamping done? Are there any risks involved.
2. If I have to go for stamping, do I have to take a Canadian visa?

Hi,

I'm also in the same situation. My I94 got expired on 2/27/2014. My L1 A change of status got RFE and company has to respond on or before 6/7/2014. Few days back company has confirmed me that they cannot respond to RFE. My wife is on H1, is there a possiblity to apply COS without leaving US.

Appreciate your inputs in this regard!!!