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L2 to H1 (L1 I-94 Extn and EAD Renewal Pending)

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  • L2 to H1 (L1 I-94 Extn and EAD Renewal Pending)

    I am really worried please help me!

    I am on L2 and working on EAD. My Husband's L1 and I-94 is getting expired by Aug 2008. My husband's company has applied for I-94 Extension for L1 and L2. In the Visa Site, I could see my L2 as approved. But there is no status update for my Husband's L1. Since it is getting little delayed, my husband's company feels that there could be an RFE for my husband's L1. If it is a RFE, my husband's company says we have to go back to india, as the I-94 is mostly denied.

    Since my EAD is also expiring along with the L1 Petition and I-94, I have applied for an EAD renewal in May 2008. I had my EAD biometrics done in May 2008. But yet to get my new I-94 and USCIS has not asked me to provide the new I-94 till now. Usually I heard, for my EAD renewal, they will send a query and ask me to provide the new I-94(extended). Is this right?

    Apart from this, I have an H1 which got approved last year May 2007 with consular processing. I wanted to move in Apr 2008 instead of Oct 2007. But I didn't move to H1 till now cause of my personal issues and now I want to move to H1 now.
    Can I move to H1 with an amendment? What will happen if I apply for COS through amendment from L2 to H1 and my husband's L1 get rejected?

    Can someone please suggest a way for me to move to H1 safely with my pending L2 petitions? Also, what will happen if my husband's L1 is denied (in which case we have to go to india) and I have applied the amendment for moving from L2 to H1? Will there be any issue if go for H1 stamping in Chennai Consulate ( I mean will they ask questions like why I didn't move to H1 in last year Oct 2007 itself?

    Please give me some suggestion.

  • #2
    If your husband's L1 is denied, your L2 status is automatically void and no further status changes by means of amendment inside USA is possible. No point in trying that as it will result in accumulation of unauthorized presence.

    If you wish to change to H1b, go for a third country H1b visa stamp immediately and return with a H1/H4 combination. This means your H1b employer has a job available for you and is willing to pay you from day 1 upon returning to work.

    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.


    • #3
      L2 to H1 (L1 I-94 Extn and EAD Renewal Pending)


      Thank you so much for your reply.

      I have further more questions now. Please help me.

      1. If I go for my H1 stamping and I dont get it stamped successfully. Can I return back to US with my new L2 (I have got an new I-94 now for my L2 Extension for which my husband's L1 extension is still pending), rather than the one I have already stamped (expiring in Aug 2008). Should I go for my L2 stamping again for entering into US?

      2. Since I got my H1 previous year itself and didnt use it for a year, what kind of questions will I get in my H1 Visa Stamping? And how good is it, to go to Mexico and get stamped? I mean, how good is the success percentage?

      3. When I applied my H1, we did it with a consular filing. In that case, is it possible for going to Mexico and get it stamped. Or do we have to follow any other process to do this?

      Please i am in need of help very badly.. please give me somesuggestions.