L1 Extension also approved after H1 stamping

[ps316]

Hi,

I came to US on L1B with its I94 was expiring on June 30 2015, before that my organization filed H1B CAP for me and it was picked in lottery and then approved on July 23 2015.
They filed H1B in consulate processing, so just to spend time till Oct they also filed L1B extension on June 29 2015 before I94 was expired.
But because of medical exigency back in my country I traveled back on July 21 2015.

And as I got H1B approval, I got Stamping done for me and family on Sep 14 2015 and we traveled back to US on H1 and H4 on Oct 10 2015.
During all this time L1 extension was not withdrawn but it should be invalid as I left US before any response. But anyhow I got approval for L1B extension as well on Oct 16 2015.
And then I traveled back alone to my country again on Oct 15 and came back to US on Oct 20 2015 using my H1 visa.

Now I have few question about my status,
- What is the visa status for me and my dependents. As I traveled back to US on H1 after L1B was approved so it seems for me H1 is still valid as I got I94 for my H1
- But for my dependents though they have I94 with H4 mentioned on it with arrival date before L1 apprval date. What would be their status?
- I faced an issue while applying for driver's license for my wife as they checked in their system and it was showing L2 status for her instead of H4.

Also when I checked with our Immigration and Attorney firm, they are saying our status is H1 and H4 and they will get it sorted it with USCIS. But why local DMV office is having L2 status for my wife.

Please let me know about it.

Thanks
Pradeep

[raghvi]

Hi,

I came to US on L1B with its I94 was expiring on June 30 2015, before that my organization filed H1B CAP for me and it was picked in lottery and then approved on July 23 2015.
They filed H1B in consulate processing, so just to spend time till Oct they also filed L1B extension on June 29 2015 before I94 was expired.
But because of medical exigency back in my country I traveled back on July 21 2015.

And as I got H1B approval, I got Stamping done for me and family on Sep 14 2015 and we traveled back to US on H1 and H4 on Oct 10 2015.
During all this time L1 extension was not withdrawn but it should be invalid as I left US before any response. But anyhow I got approval for L1B extension as well on Oct 16 2015.
And then I traveled back alone to my country again on Oct 15 and came back to US on Oct 20 2015 using my H1 visa.

Now I have few question about my status,
- What is the visa status for me and my dependents. As I traveled back to US on H1 after L1B was approved so it seems for me H1 is still valid as I got I94 for my H1
- But for my dependents though they have I94 with H4 mentioned on it with arrival date before L1 apprval date. What would be their status?
- I faced an issue while applying for driver's license for my wife as they checked in their system and it was showing L2 status for her instead of H4.

Also when I checked with our Immigration and Attorney firm, they are saying our status is H1 and H4 and they will get it sorted it with USCIS. But why local DMV office is having L2 status for my wife.

Please let me know about it.

Thanks
Pradeep

When you left US and re entered US on H1 visa on Oct 20 did you go out and re enter alone or with the family?

[ps316]

When you left US and re entered US on H1 visa on Oct 20 did you go out and re enter alone or with the family?

I went back and re-entered alone. My family was here in US during that time.
Also I went to SSA office to get copy of my wife's SSN as she lost the one she got on L2. Then looking at H4/I94 and verified in system they gave SSN denial letter.
They also told that I can't use that SSN number which was assigned to her earlier till the time she is on H4 status even for tax purposes.

Please let me know what is the issue here as my company is still working with USCIS to fix the status and they said don't plan to travel outside till it is fixed.
Also is it true that I can't use her old SSN number filling tax and I have to get ITIN instead.

Thanks