L2 to H1 COS RFE

[h1bquery]

Hi,

I am on L2 EAD working for a top consulting firm in the US. I had an approved H1B petition from another company last year which I did not use as the petition was approved in my maiden name instead of my married name while my passport was in my married name. I was in India when the H1B petition was approved (in July 2007) and I did not apply for a visa on that petition. I travelled to US on an L2 visa and applied for my EAD.

The firm I work for currently has applied for a COS from L2 to H1 and has mentioned that I should not be subject to the CAP (in my case Master's CAP) as I already have an approved petition. We applied it through Premium Processing last month and both my earlier petition last year and this COS have been sent to the same processing center.

I received an RFE requesting proof of current active status of spouse on L1. I have all the evidence and have sent it to them.

My queries are:

a) Can the old petition be still used for COS?
b) What are the chances of approval for my COS?
c) Do I have to go back to India to get my H1B visa stamped?

[DMX17]

a) Can the old petition be still used for COS?

-- Yes since you were counted in the cap once in the past and still have H1+L1 time left. This is called the "remainder option".

b) What are the chances of approval for my COS?

-- I think it will be fine

c) Do I have to go back to India to get my H1B visa stamped?

-- Not unless you plan to travel and want to enter on H1 status on your re-entry. COS approval allowes to start working. Visa stamp or not does not matter.

But once your H1 is approved with a COS, you status changes from L2 to H1. You should join the H1 employer UPON H1 approval. This is not an issue in your case since you currently work the company that applied your H1. I guess you will need to update the I-9 with your employer.

[h1bquery]

Got an approval!!!!

Hi,

I got my H1B COS approved and I have submitted my I-9 to the employer. I will be receiving my new I-94 (changed from L2 visa) and I797 soon. My H1b is valid till 2011.

My queries are:

a) When should I go for visa interview for an H1B?
b) Should I go back to my home country now or can I do that as part of a vacation after 5-6 months?
c) Can I continue to apply for Driver's License etc here with the new I-94?

[DMX17]

a) When should I go for visa interview for an H1B?

-- Any time you want. A visa is only needed to enter the U.S. You better have it before you enter the U.S. on H1 status.

b) Should I go back to my home country now or can I do that as part of a vacation after 5-6 months?

-- If you mean for visa stamping, you can go any time.

c) Can I continue to apply for Driver's License etc here with the new I-94?

-- Of course.

[h1bquery]

Thank you

Really appreciate your reply.