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In a Peculiar Situtationa Please Help- H1B question

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  • In a Peculiar Situtationa Please Help- H1B question

    I am on L1 B Visa and my wife is on L2. My L1 is valid till July 2011(both our I94 also expires on July11) and the extension was not granted. Meanwhile my wife's employer already filed H1B for her and it is IN Progress.

    I am going to move to F1 status from July11.

    Now my question is
    Considering my wifes H1B approved, should i do a COS for her too to F2 to maintain status for her, if i did that will she automatically come under H1B from October or will it spoil her h1b approval ?

    I am also hearing that She has a grace period of 90 days to be here in US after her L1 & I94 expired and her H1B approved. Is that true ? in that case should i just NOT do COS for her to F2 ?

    I am really confused and any help is very much appreciated


  • #2
    This is a tricky situation. You should consult an experienced attorney.
    Last edited by kabkaba; 05-13-2011, 09:40 AM.
    This is my opinion and not legal advice.


    • #3
      This is what you need to do. In order to maintain proper status for the L2 during the periof of July through October when the H1b becomes effective, you need to file for a F2 COS for her.

      There is no grace period of 90 days like whoever suggested after the L2 I-94 expires. If that happens, her COS to H1 will be granted but not as an EOS but as a CP requiring her to go out of US for a visa stamp and return on H1b 10 days before Oct 1st.

      The last action rule applies. If F1/F2 approval must come before July 11 for you to be able to register on F1 for the classes. If H1b comes either before or after that date, the effective date of COS will be Oct 1st if it was under the 2012 quota.

      So F2 status will change to H1b as of Oct 1st based on last action rule (to be read as last action based on effective date)

      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.


      • #4
        Thanks a lot for your quicky reply.....

        Here is my understanding..

        I should process F1 status for me and F2 for my wife BEFORE the I-94 and L1 Expiry date to maintain valid status for both of us.

        What will happen at this scenario

        My wifes H1B Approved by 15-June-2011

        She moves to F2 Status from L2 on 30-June-2011

        On october first will she automatically be on H1B Status ?

        Thanks a lot..