L1 to H4 and H1 Approval - I94 expiry

[[<-nomad->]]

Hi All,

I was working on L1 visa till end of 2014 and applied for H4 (under my wife's H1) at the end of my previous job. I have received the "Case Received" notice for my I-539 but the case hasn't been processed till now. Meanwhile I applied for my H1B and got the approval notice now. My current I-94 (based on my L1 visa) expires end of July 2015. I have the following questions regarding my current status and I-94.

1. Can I continue to stay post my I-94 expiry date?
2. Though my H1 is approved, should I continue to check with USCIS on my H4 status?

Any advice is much appreciated.

Thanks in advance
Ram

[raghvi]

Hi All,

I was working on L1 visa till end of 2014 and applied for H4 (under my wife's H1) at the end of my previous job. I have received the "Case Received" notice for my I-539 but the case hasn't been processed till now. Meanwhile I applied for my H1B and got the approval notice now. My current I-94 (based on my L1 visa) expires end of July 2015. I have the following questions regarding my current status and I-94.

1. Can I continue to stay post my I-94 expiry date?
2. Though my H1 is approved, should I continue to check with USCIS on my H4 status?

Any advice is much appreciated.

Thanks in advance
Ram

1. Yes.
2. Did you get a new I-94 along with H1 approval? technically you should not have as you currently dont have valid I-94 for 30-Sep-2015 in order to move to H1 from 01-Oct-2015. You typically should wait for L1 to H4 approval and subsequently apply H4 to H1 COS.

This is my opinion not legal advice.

[shervin143]

I was working on L1 visa till end of 2014 and applied for H4 (under my wife's H1) at the end of my previous job. I have received the "Case Received" notice for my I-539 but the case hasn't been processed till now.
>>> Usually it takes 90 days or less to get a result on the petition filed. If not, yu can take an infopass appointment with USCIS to discuss your case.

Meanwhile I applied for my H1B and got the approval notice now.
>>> Did your H1B come with a new I-94? What is the H1B effective date?

My current I-94 (based on my L1 visa) expires end of July 2015. I have the following questions regarding my current status and I-94.

1. Can I continue to stay post my I-94 expiry date?
>>> You will get into trouble if your COS from L1 to H4 doesn't get approved (assuming your H1B is effective only from Oct 1st).

2. Though my H1 is approved, should I continue to check with USCIS on my H4 status?
>>> Yes.