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  • H1b-non profit processing time

    Hi,

    I am on L2 and submitted my H1b - non profit application through employer. Does any one know how much time does it require for non profit h1b processing.

    my employer Hr specifically has delayed process unnecessarily and now questioning me if I would require and pay Premium processing ($1000)?

    my L1 provider has got profit -H1B and I guess by default it is activated on October 1.

    I wonder how much fee does it require for extending L1 and in turn my L2 status. L1 has kept that option open of keeping L2 status while filing H1B (H1b without COS). I guess L1 will have to apply for new start date for h1b which may require some fees but if < $1000 , then it would be better to pay fees to extend L1 visa status and so I can continue on L2 while I wait for my non profit H1b visa.

    Please let me know

    Thanks
    Last edited by upengan78; 07-07-2008, 01:02 PM.

  • #2
    Non COS application does not need a new fee unless it needs to be converted back to COS at a future date. As far as processing times go, it is same for any type of H1b. Check your service center processing times online.

    Once the non-profit H1b gets approved with COS, you should not work for L1 employer and L2 is invalid as well. The submission of H1b COS should also include a COS for L2 to H4 otherwise the L2 person becomes out of status.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Originally posted by txh1b
      Non COS application does not need a new fee unless it needs to be converted back to COS at a future date. As far as processing times go, it is same for any type of H1b. Check your service center processing times online.

      Once the non-profit H1b gets approved with COS, you should not work for L1 employer and L2 is invalid as well. The submission of H1b COS should also include a COS for L2 to H4 otherwise the L2 person becomes out of status.

      Thanks but I think I made a mistake while I posted the question first.

      my L1 provider has got profit -H1B and I guess by default it is activated on October 1.

      above line should be read as L1 holder ( I am dependent of a L1 visa holder and I personally do not have L1 visa or H1 visa but L2 with Work permit)

      Comment


      • #4
        It all depends on what happens to the L1 status holder. Who has a H1b? You or L1 holder?

        It all depends on L1 status for the L2 person.

        If L1 valid, L2 is valid and so is EAD. If L1 is a COS to H1b, L2 COS has to be filed before the activation of H1b status or they lose status. As of the start date of H1b, L2 status and EAD are void.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Originally posted by txh1b
          It all depends on what happens to the L1 status holder. Who has a H1b? You or L1 holder?

          It all depends on L1 status for the L2 person.

          If L1 valid, L2 is valid and so is EAD. If L1 is a COS to H1b, L2 COS has to be filed before the activation of H1b status or they lose status. As of the start date of H1b, L2 status and EAD are void.

          L1 holder now has H1b and L1 holder filed for H1b with no COS( so that L1 holder can retain L1 status)- but does current L1 holder has to file any application to extend H1b start beyond 1 October ? or L1 is still valid because of No COS h1b filing.

          I am sorry for confusion but I really want to save $1000 here for Premium processing of H1b non profit. again I am the one on L2 visa.

          Thanks

          Comment


          • #6
            Based on my understanding of your posts:

            L1 holder has a non COS H1b approval approved past Oct 1st. Nothing needed to maintain L1 status as long as L1 petition is valid.

            L2 holder now has a sponsor for non-profit H1b and intends to pursue it. Can go with just regular processing but can start work upon approval or use EAD until H1b gets approved to work for the same firm if L1 holder is continuing on the same job. Once H1b gets approved, fill out a new I-9 as EAD is void.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              Originally posted by txh1b
              Based on my understanding of your posts:

              L1 holder has a non COS H1b approval approved past Oct 1st. Nothing needed to maintain L1 status as long as L1 petition is valid.

              L2 holder now has a sponsor for non-profit H1b and intends to pursue it. Can go with just regular processing but can start work upon approval or use EAD until H1b gets approved to work for the same firm if L1 holder is continuing on the same job. Once H1b gets approved, fill out a new I-9 as EAD is void.
              Thanks so do you mean,

              if my h1b is approved then EAD is void ? so what I heard is wrong that L2 holder retains L2 status even if H1B is approved. (assuming L1 has L1 valid)

              what happens then as you said when my EAD is void , do i have to leave my job and file new I9 and wait for some approval ? or I can continue working with L2 valid and h1b approved status ?

              Comment


              • #8
                If your H1b is a COS, it makes your EAD void. If you are working for a different employer other than the one that filed your H1b, then you need to quit that job immediately upon COS approval( no room or allowance for notice period).

                EAD is associated with your L2 status and if your status changes to H1b, why does the EAD validity continue?

                I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                Comment


                • #9
                  Originally posted by txh1b
                  If your H1b is a COS, it makes your EAD void. If you are working for a different employer other than the one that filed your H1b, then you need to quit that job immediately upon COS approval( no room or allowance for notice period).

                  EAD is associated with your L2 status and if your status changes to H1b, why does the EAD validity continue?

                  why does the EAD validity continue?


                  I was under impression that, even if L2 holder files h1b application with cos and approved and if L1 holder status is valid(being no cos h1b holder) then L2 will still be valid as well. no need to file h1b with NO COS for L2 holder and then as L2 remains valid then EAD would also.

                  Last edited by upengan78; 07-07-2008, 03:32 PM.

                  Comment


                  • #10
                    as I am stil confused I want to ask very basic question

                    if L1 holder becomes H1b on Oct 1, 2008 and L2 holder's h1b is approved before 1 Oct. then can the L2 holder stay in usa atleast ?

                    if not what happens to H!b approved then ? and when can the old L2 holder ( new h1b holder ) come to usa again ?

                    Comment


                    • #11
                      To answer your question, what was the L2 holder's H1b approved as? A COS or Cp? That will determine the answer.

                      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                      Comment


                      • #12
                        Originally posted by txh1b
                        To answer your question, what was the L2 holder's H1b approved as? A COS or Cp? That will determine the answer.
                        ohh, is this something I can demand ? COS or Cp ?

                        also what is Cp ?


                        As of now i don't have answers to this and looks like i will have to pay 1000 bucks out of my pocket. sucker HR delayed the process due to their lazy a**es.

                        Comment


                        • #13
                          CP is consular processing meaning you get a visa stamp and enter on the new status.

                          At the minimum, your new H1b has to be applied before October first for you to remain in the US on a pending petition as it is period of authorized stay. You lose your L2 status Oct 1st and hence cannot use EAD from that day as your spouse changed from L1 to H1.

                          I don't see a reason for you to spend $1000 on PP unless you want to start work sooner after you lose L2 status. Otherwise, you can remain in the US till the H1b gets approved.

                          It is a problem if the H1b gets denied and the date is past Oct 1st as you will be out of status if that happens.

                          I would suggest going through some material from the immihelp main page to educate yourself about this whole immigrating deal.

                          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                          Comment


                          • #14
                            Originally posted by txh1b
                            CP is consular processing meaning you get a visa stamp and enter on the new status.

                            At the minimum, your new H1b has to be applied before October first for you to remain in the US on a pending petition as it is period of authorized stay. You lose your L2 status Oct 1st and hence cannot use EAD from that day as your spouse changed from L1 to H1.

                            I don't see a reason for you to spend $1000 on PP unless you want to start work sooner after you lose L2 status. Otherwise, you can remain in the US till the H1b gets approved.

                            It is a problem if the H1b gets denied and the date is past Oct 1st as you will be out of status if that happens.

                            I would suggest going through some material from the immihelp main page to educate yourself about this whole immigrating deal.
                            Thank you so much for all the information

                            Comment


                            • #15
                              Originally posted by upengan78
                              Thank you so much for all the information

                              and un expectedly , my office take the responsibility of extra 1000 bucks ! was a shock but who does not want it

                              Comment

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