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L1 extn RFE , L2 to H1 - Urgent

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  • L1 extn RFE , L2 to H1 - Urgent

    I am on L1 with wife working on L2 here. My wife has H1B approved through her company. Our I-94 and visa expired on June 1st week and my company had applied for L1 & L2 extn in May.
    My L1 extn (I129) has recvd an RFE on the case and hence my wife's L2 extn (I539 with COS) is now pending.

    1. I'm assuming that if things stand as is till Oct-01, my wife will be able to start working on her H1B. If so, will her H1B become invalid if L2 extn becomes denied or approved after (in case of approval will her status change back to L2) ?

    2. If she goes to India and gets it stamped before Sept and then enters US on her H1B, what happens when the L2 extn status becomes approved? What if L2 extn becomes denied?

    Please help urgently. I'm quite confused regarding this and we are running out of time to make a decision.

    Thanks in advance to anyone who can help us out with these.

    Rgds
    Ram
    Last edited by ramshanmugam; 08-07-2008, 07:02 AM.

  • #2
    Here is my friends experience.

    They received RFE for L1B Individual. Company has to answer for RFE or take back petition with in the specified date ( generally CIS will give 90 days to reply for RFE).

    they stayed in US for 60-70 days in US and company take back petition with in RFE answer date. It is legal to stay.

    They went to india and got stamped thru L1B blanket petition.

    Hope this helps..wait for seniors advice.
    Disclaimer: We take no responsibility for accuracy of information provided. Please use at your own risk :-)

    Comment


    • #3
      Originally posted by VinayD
      It is legal to stay.
      Only if their previous I-94 is valid. If it expired, then a withdrawn petition and stay past the expiration of I-94 gives them unauthorized presence.

      It will become a problem if it is not disclosed in DS156. I'm not sure if your friends did that or not, if not, they will have problems during GC for misrepresentation.

      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


      • #4
        Originally posted by txh1b
        Only if their previous I-94 is valid. If it expired, then a withdrawn petition and stay past the expiration of I-94 gives them unauthorized presence.

        It will become a problem if it is not disclosed in DS156. I'm not sure if your friends did that or not, if not, they will have problems during GC for misrepresentation.
        Thanks txh1b. Could you please let me know what to do for the case that I have mentioned below?

        Comment


        • #5
          1. the H1b COS will be questionable. Was her H1b approved as a COS? It should not be approved as a COS in the first place if she has a status gap.

          2. She would have had some unauthorized presence if L2 gets denied. But if she entered on H1b later, the extension of L2 does not matter.

          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


          • #6
            Originally posted by txh1b
            1. the H1b COS will be questionable. Was her H1b approved as a COS? It should not be approved as a COS in the first place if she has a status gap.

            2. She would have had some unauthorized presence if L2 gets denied. But if she entered on H1b later, the extension of L2 does not matter.
            Thanks a lot for your response, txh1b.

            1. Her H1B was approved as a COS. Would there be a status gap since my company had filed for L1/L2 extn before it expired?

            2. If she goes to India on say 10th Sept and then enters US with H1B stamped on Oct 2nd and works on that H1B from Oct 2nd, will there be unauthorized presence, if the L1 and L2 extn is denied or approved after Oct 2nd?

            Comment


            • #7
              1. Not if L1/L2 extension gets approved.
              2. If L1/L2 gets denied, there are two school of thoughts. Some attorneys say you would have accumulated illegal presence from the date of expiry of the I-94 and some say from the date of denial.

              Talk to your attorney.

              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

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