Tweet
My spouse is on a L1 visa since may 2011 and i m currently working in the US with a L2 EAD, our visa expires on may 1st 2014. We are planning to apply for a h1b on 1st apr 2014 however we will have to go back to india on 1st may 2014 since our l1 expires on that day. What are the implications of this and can I apply for a h1 b in apr 2014. Extension of l1 is not an option since the current employer has denied to file for an extension.
-
-
I dont see any specific implications, it will be treated as any H1 applicant. If both of you want to work , both of you would have to have individual H1 petitions filed. And as you both will be in India while H1 application is being processed, you would have to attend H1 interview individually to get it stamped.Originally posted by prsahay View Post
This is my opinion not legal advice. -
Thank you for your reply!
The plan is to apply for individual h1 visas.Will the h1 interviews be held in US or in India? H1 visas start from 1st oct right?Comment
-
I am assuming your I-94 also expires in May 2014.Originally posted by prsahay View Post
Since L1 company is not willing to file extension for your spouse, you cannot stay beyond May 2014 so obviously you cannot apply L1/L2 to H1 as COS(Change of Status) hence the H1 petition will be applied as consular process. Thereby needing you to attend H1 interview outside US, the same way you attended L1/L2 interviews earlier.
H1 petitions will be accepted from 01-April 2014 onward. And the H1 start date cannot be earlier than 01-Oct-2014. H1 interviews are conducted at the consulates outside US upto 90 days before start date date, so if your employers request for start date of 01-Oct-2014, and if h1 petition is approved, you can attend interview from 2-July-2014 onward.
This is my opinion not legal advice.Comment
-
Many thanks, your response leaves me with no doubts !!!!Comment
Comment