L1 to H1 or L1 extension.

[ksavinash]

Hello Experts,


My current status; L1-VISA, expiry date August, 2021, Living in California.
My spouse Status: L2 visa & L2 - EAD until August 2021.
I also have H1-B (Counselor Processing) validity until May 2022, but not activate yet.

My employer is insisting to move either on H1-B from L1 with Change of status (COS) without traveling to India. or extend L1 asap given my L1 expiry in next 6 month.

My questions are as following (it's loaded due to my ignorance of matters):

1- If I move to H1-B from L1. Can H4/H4EAD change of status can be applied simultaneously with H1-B (change of status)?
How much time approximately L1 to H1-B conversation will take and then L2 to H4 and then H4-EAD? My wife has valid L2 EAD as present until August 2021.

2- I move to H1-B, my spouse move to H4/H4 EAD.
A-) What are general time-lines to get H4 and H4 EAD without traveling India vs travel India then get H4 VISA stamping and enter in USA on H4 and then apply H4 EAD?
c-) Can my spouse file H4 and H4 EAD together? What are the events may happen for successful H4 & H4EAD approval and approximate time lines?

3- Should I consider applying for L1 Extension? what are chances of RFE / denial, given my company lawyer does good job in filing.
in this same situation, how much approximately time would take to get L2/L2-EAD extended for my spouse.

4- If I move to L1 Extension, assuming I got extension next 3 years. My H1-B activation will expire(may, 2022). Does it mean, my currently approved H1-B will be of no use in future?
or shall I will be able to use my same H1-B without getting to fresh lottery post may, 2022 and then what needs to be done?


Given all these consideration, our dilemma is should I move to H1 or go for L1 extension. In either case, what is path for my spouse's EAD to get her working.

My apologies for long post.

Thanks,
Ks

[rkk09]

Hi,
Please see my response below.
1- If I move to H1-B from L1. Can H4/H4EAD change of status can be applied simultaneously with H1-B (change of status)?
How much time approximately L1 to H1-B conversation will take and then L2 to H4 and then H4-EAD? My wife has valid L2 EAD as present until August 2021.
Answer: You can file Change of status from L1 to H1B and you can file under premium. If premium, within 15 days you will get status.. And when you file H1B, along with I-129 you can also file H4 and H4 EAD(If you have I-140 Approved petition). But, Premium is applicable only for H1B not H4 and H4 EAD.
2- I move to H1-B, my spouse move to H4/H4 EAD.
A-) What are general time-lines to get H4 and H4 EAD without traveling India vs travel India then get H4 VISA stamping and enter in USA on H4 and then apply H4 EAD?
Answer: In the current situation, due to COVID 19, H4 Biometrics appointments are taking long time... So, we can not predict estimated processing time for H4 and H4 EAD. Minimum, you will need to wait for 3 to 5 months. But, if you go for Visa stamping on H4 and get H4 visa at consulate, Once you back to country you can immediately file H4 EAD without delay, But, Please make sure, Once you get H4 Stamped at consulate, you will need to withdraw H4 petition that you filed.
c-) Can my spouse file H4 and H4 EAD together? What are the events may happen for successful H4 & H4EAD approval and approximate time lines?
Answer: Yes. You can file H4 and H4 EAD together. But as i mentioned, its very hard to predict H4 processing time in the current situation. Please note, Once your H4 is Approved then only your H4 EAD will be Approved.
3- Should I consider applying for L1 Extension? what are chances of RFE / denial, given my company lawyer does good job in filing.
in this same situation, how much approximately time would take to get L2/L2-EAD extended for my spouse.
Answer: Its your choice to file L1 Ext instead of change of status.. But, if your Employer files the petition with strong documentation, then will not have any issues on getting Approval.
4- If I move to L1 Extension, assuming I got extension next 3 years. My H1-B activation will expire(may, 2022). Does it mean, my currently approved H1-B will be of no use in future?
or shall I will be able to use my same H1-B without getting to fresh lottery post may, 2022 and then what needs to be done?
Answer: yes. In future if you have plan for doing change of status to H1B you can do that.
Thanks