Need Urgent Advise- Regarding L1B Extn and H1B 2015

[anchalmathur1919]

Hi

I am working in US on L1B visa having visa & i-94 expiry date as 07/18/2015 and my H1B is selected in lottery for year 2015-16 with some other employer.
My company is filing for L1B Extension (I129). Also, my spouse is working on Valid H1B. Here are my questions

1. As my I-94 is expiring in July 2015, will it increase the possibility of RFE in H1B Change of Status?

2. What are the possible options to stay after my I-94 expiry date?

3. Is L1B Extension processing time be considered as Valid Status, and COS (Change of Status) will be provided to me on Oct 1st?
If not, what are the possible options?

4. can i apply for change of status to H4 now? will that affect current I129 extension process as well as H1B verification?

5. If I go for H4 visa, how soon should i apply for H4 and how many days will USCIS take to approve?


Thanks in advance for your help!!

[shervin143]

I am working in US on L1B visa having visa & i-94 expiry date as 07/18/2015 and my H1B is selected in lottery for year 2015-16 with some other employer.
My company is filing for L1B Extension (I129). Also, my spouse is working on Valid H1B. Here are my questions

1. As my I-94 is expiring in July 2015, will it increase the possibility of RFE in H1B Change of Status?
>>> Since your I-94 is expiring prior to Oct 1st (When H1B gets active) the possibility is that your H1B can get approved for consular processing (no new I-94). If that happens, then you need to get the H1B visa stamped and re-enter in H1B visa to work for the H1B employer.

2. What are the possible options to stay after my I-94 expiry date?
>>> Unless your L1B extension (or a COS to H4) is filed before your I-94 expiry date, you cannot stay.

3. Is L1B Extension processing time be considered as Valid Status, and COS (Change of Status) will be provided to me on Oct 1st?
If not, what are the possible options?
>>> Once L1 extension is filed prior to the I-94 expiry date, you are allowed to stay and work in U.S (for the L1 employer). However, USCIS will not know anything about your recent L1B extension petition as each application will be treated separately and your H1B petition was files way before your L1B extension was filed. Like I mentioned, it is possible that your H1B gets approved for consular processing.

4. can i apply for change of status to H4 now? will that affect current I129 extension process as well as H1B verification?
>>> Applying too many petition (especially COS) at the same time is never advisable. Your status will change as per the last approved petition with I-94. If H4 gets approved last, then your status is H4 and you cannot work. If H1B gets approved first (let us assume it comes with an I-94) and later L1 gets approved with an I-94, then your status is L1 and you cannot work for the H1B employer even though the H1B petition got approved with an I-94.

5. If I go for H4 visa, how soon should i apply for H4 and how many days will USCIS take to approve?
>>> Whatever you decide to do, you should file before your I-94 expiry date. USCIS will take about 60-90 days to make a decision under normal processing.