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Urgent question regarding I-797A

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  • Urgent question regarding I-797A

    Hello all,

    My employer had applied for my H1B visa and I received the I-797A recently. Its validity is from 10/01/2011 - 01/31/2012 (only 3 months). Also, I-94 validity is also from 10/01/2011 until 01/31/2012.

    Prior to this status, I was working on L2-EAD which had validity till AUG 2012 and EAD was expiring in DEC 2012. I have the following questions -

    can I work only till 01/31/2012 and I will have to leave US on or before this date?

    if that is case, I would like to go back to the original status (L2-EAD). Could some please help me what are the documents needed and how that is done.

    is there any other option avavilable so I can stay here and work.

    thanks for the help.

  • #2
    Your employer would have in all likelihood shown a project duration of only 3 mths and that's why your approval and I-94 is till 1/31. Also I guess you would have filed a change of status to H1 from L2

    The only way to go back to L2 is to apply for a change of status again to L2...and I believe you will also have to file again for the EAD


    • #3
      Your employer can file a H1B extension by showing the work itinerary beyond the current petition validity. The extension can be filed 6 months prior to the H1B I-94 expiry date. If you want to get back to L2 statusm then you have to either file a COS from H1B to L2 or leave the country and return back in L2 visa.

      If you wish to continue in H1B status, then file the H1B extension with the current employer or find another employer who can file a transfer which will get you an extended I-94 on H1B.
      Not a legal advice. Use of this information is strictly at your own risk.


      • #4
        thanks for the replies. If I request for COS from H1B to L2, do I need to apply for EAD separately. wouldn't EAD be valid since its original validity was till aug 2012. Please suggest. also it will be great if could tell me the process for applying for COS. thanks again!


        • #5
          The existing EAD will remain valid. You need to file form I-539 to change the status from H1B to L2. Search and read the instuction to file form I-539.
          Not a legal advice. Use of this information is strictly at your own risk.