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L to H conversion - Consular processing - URGENT

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  • L to H conversion - Consular processing - URGENT

    Hi,

    I am a working in US for one of the biggest consulting company in India. I am on L1 now and my VISA got expired on June 6 2013. But, I do have a valid I-94 till 2016. My wife is on L2 and she has I-94 till the same date (Apr 2016). My L1 max-out date is Oct 9 2013. I applied for conversion from L to H so that I can start with H1 from Oct. Meanwhile, we had our newborn a month ago. Two weeks ago, I got my H1 petition approved and only then I realized that they did my H conversion by "consular process" (Chennai consulate) rather than COS. Things got really worse when they told me that I have to leave US before Oct 9 (max out) to avoid any deportation even though my I-94 is given till 2016. Since the baby is not even two months old and not had enough vaccination for immunity and also I still do not have his passport/visa to enter India, I am not sure whether I can leave US before Oct 9. My company accepted their fault and gave me an option of filing an amendment to COS through premium processing with the caveat that there is still a lot of risk of denial. Someone else told me that I could travel alone and get the stamping done in India and apply for my wife's H4 conversion (all of this happening before Oct 9). I am not sure what to do here. I am also looking for some other job who can file amend my H1 with the reason that I switched companies.

    Can someone please advise on what should I do here? Any help is much appreciated..

    PS: I checked for L1A for which the company told me that it is not possible as I should have atleast 6 months on my L visa (my L visa expired on June). My company told me that Canada stamping is not possible as it would require atleast a month for applying for Canada entry visa.

  • #2
    Originally posted by venkataraman View Post
    Hi,

    I am a working in US for one of the biggest consulting company in India. I am on L1 now and my VISA got expired on June 6 2013. But, I do have a valid I-94 till 2016. My wife is on L2 and she has I-94 till the same date (Apr 2016). My L1 max-out date is Oct 9 2013. I applied for conversion from L to H so that I can start with H1 from Oct. Meanwhile, we had our newborn a month ago. Two weeks ago, I got my H1 petition approved and only then I realized that they did my H conversion by "consular process" (Chennai consulate) rather than COS. Things got really worse when they told me that I have to leave US before Oct 9 (max out) to avoid any deportation even though my I-94 is given till 2016. Since the baby is not even two months old and not had enough vaccination for immunity and also I still do not have his passport/visa to enter India, I am not sure whether I can leave US before Oct 9. My company accepted their fault and gave me an option of filing an amendment to COS through premium processing with the caveat that there is still a lot of risk of denial. Someone else told me that I could travel alone and get the stamping done in India and apply for my wife's H4 conversion (all of this happening before Oct 9). I am not sure what to do here. I am also looking for some other job who can file amend my H1 with the reason that I switched companies.

    Can someone please advise on what should I do here? Any help is much appreciated..

    PS: I checked for L1A for which the company told me that it is not possible as I should have atleast 6 months on my L visa (my L visa expired on June). My company told me that Canada stamping is not possible as it would require atleast a month for applying for Canada entry visa.
    Till one becomes citizen of US one should re visit ones immigrant status every 3 Months to keep abreast with upcoming implications. That's the reality of being an alien.


    Ignoring implications of ones immigrant status , duration allowed to stay, and waiting till nth moment to react causes these sort of issues.

    If indeed your L1 is maxing out ( 5 Years physical stay is complete) in Oct 2013, and H1 not approved as COS then basically the choice is between, staying illegally in US, and jeopardizing future stamping and entry OR to travel out of US immediately with the little baby.

    Your Employers is right filing amendment with only 15 odd days remaining to go out of status is risky. But this is an option that can be explored.

    Is there any time that you spent outside US in last 5 Years that can be recaptured for L1? If not , the only option which will only make your situation even messier is to convert to B2 visa but will help you stay for some more time.

    Talk to an independent immigration attorney of your own to discuss the options.

    This is my opinion not legal advice.

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