L2 to H1B and I94 extension

[viraj1979]

I am on L2 EAD now and My I94 of L2 expires on May 20 2012. My employer will be filing my H1B this year when quota starts on April 2012. Since my I94 is expiring soon, he said, he would be processing in Premium.
I have following questions and need urgent help on this,
1. Can my H1B and COS(from L2 to H1B) be completed within a month?
2. Will I get new I94 starting from approval date along with H1B approval or the I94 will start in Oct 2012?
Please let me know, I am very worried because of fear of out of status.

[shervin143]

Are you filing your H1B petition under a fresh new H1B CAP? Did you previous had an H1B approval (CAP) in which you haven't used all 6 years (H1B + L1 combined)?

[viraj1979]

No.I have not been on H1B before.I came to US for the First time on my L1A visa in May 2009 and then later moved to L2 EAD in Jun 2011 (dependent of my spouse who is working on L1B), secured a job on L2 EAD and now planning for H1B coming year. I believe he will be applying in fresh H1B cap. Unfortunately, I missed the H1B dates last year due to oversight and work pressure.

[shervin143]

In that case, filing the H1B in premium will have no use. The H1B effective date will be only on or after October 1st 2012. You need to file the L2 extension and EAD renewal to stay and work until October 1st. Otherwise you will accumulate illegal stay from your L2 I-94 expiry date until the H1B effective date and it will cause issues.

No.I have not been on H1B before.I came to US for the First time on my L1A visa in May 2009 and then later moved to L2 EAD in Jun 2011 (dependent of my spouse who is working on L1B), secured a job on L2 EAD and now planning for H1B coming year. I believe he will be applying in fresh H1B cap. Unfortunately, I missed the H1B dates last year due to oversight and work pressure.

[viraj1979]

Hi Shervin,
Thanks for your reply. But I believe, I will get the new I94 with new expiry date based on H1B premium approval and I thought that will have expiry date extended till H1B approval time. Please let me know asap.

Thanks,

Viraj

[shervin143]

No, there will be an effective date on the H1B approval and it will be one or after October 1st. You need to have a valid I-94 to stay in U.S from your current I-94 expiry date until the H1B effective date. If you are still in doubt, consult a good immigration attorney.

Hi Shervin,
Thanks for your reply. But I believe, I will get the new I94 with new expiry date based on H1B premium approval and I thought that will have expiry date extended till H1B approval time. Please let me know asap.

Thanks,

Viraj

[viraj1979]

Thanks Shervin. Please let me know, if there is any way to stay in US from my I94 expiry(May20 2012) till Oct 1 2012. Can I convert myself from L2 to F1(student Visa). Is that possible or doable now. I don't want to go back to consular processing. Please advice asap.

[shervin143]

If you accumulate illegal stay, then it can cause issues later. You need to be be in a valid status to stay in U.S. Also, filing multiple petitions at the same time can also cause issues. Search and read about the last action rule.

You can try B2 or F1 (if you can enroll to study during that period). Consult an immigration attorney who can help.

Thanks Shervin. Please let me know, if there is any way to stay in US from my I94 expiry(May20 2012) till Oct 1 2012. Can I convert myself from L2 to F1(student Visa). Is that possible or doable now. I don't want to go back to consular processing. Please advice asap.