L1/L2 to H1B

[nishitanikhil]

Hi,

I and my husband are residing in US with L1/L2 visas (From Indian MNC) which is getting expired this Dec 2012.

I'm working for Company A with L2 EAD
My husband working for company B with L1B.

Since nowadays most of L1 extensions are getting rejected my husband's company advised to file for H1B which they will sponsor.My company is now willing to sponsor H1B for me. We are going to file for our H1B visas at the same time in coming april 2012

I have few questions with this situation.

1) Can I file for H4 along with my husband's H1 along with my H1B ? Just in case I can switch to H4 if my H1B is rejected.

2) If I can't file for H4 and if my H1B is rejected can I change to H4 while remaining in US itself.

3) Suppose we got our H1B visa approved can we go to Canada and get it stamped to change from our L1/L2 to H1B ?

4) I understand our H1B will be valid from Oct 2012. Does that mean we can continue on L1 till Dec 2012 and then Change to H1B ?

5) Is there any chance that when I go for stamping to Canada before Dec and it would get rejected ? If yes can we return to US with L1/L2 and try for L1 extension?

6) I understand its better not to leave US while our H1B processing is going on. Is that true?

7) In current scenario can our H1B petition likely to get rejected ?

Thanks in advance.

NR

[shervin143]

1) Can I file for H4 along with my husband's H1 along with my H1B ? Just in case I can switch to H4 if my H1B is rejected.
>>> That is complicate things. Search and read about the last action rule. If you both file the H1B in April 2012, you should get he response (acceptance/denial) before October 1st. In case your H1B is denied, you can immediately file H4 at that time based on your husband's H1B petition (even if it is in pending state).

2) If I can't file for H4 and if my H1B is rejected can I change to H4 while remaining in US itself.
>>> Possible if you file the COS from L2 to H4 before Oct 1st (Before your husband's H1B gets effective and before you go out of status on L2). In such case, you cannot work in L2 past Oct 1st as your husband's status has chnaged to H1B and you are no longer in L2.

3) Suppose we got our H1B visa approved can we go to Canada and get it stamped to change from our L1/L2 to H1B ?
>>> Yes. But visa is only an entry document to U.S. You need a valid visa only when you go out of U.S and want to re-enter back.

4) I understand our H1B will be valid from Oct 2012. Does that mean we can continue on L1 till Dec 2012 and then Change to H1B ?
>>> No. If your husband;'s petition gets approved with the H1B effective date of Oct 1st, then he is no longer in L1 after Oct 1st and so you will no longer be in L2. He should be working in H1B status and if you don't get your H1B approved, you cannot work. You should swicth to H4 and be a dependent.

5) Is there any chance that when I go for stamping to Canada before Dec and it would get rejected ? If yes can we return to US with L1/L2 and try for L1 extension?
>>> Of course it is possible. When you guys apply for H1B, your previous L1/L2 visas will get stamped with CWOP and so you cannot re-enter back in L1/L2. If the visas are not cancelled and if the L1 petition is valid, then you can enter. But the chances of that is very little to none.

6) I understand its better not to leave US while our H1B processing is going on. Is that true?
>>> If the H1B is applied as a changes of status from L1/L2, then YES.

7) In current scenario can our H1B petition likely to get rejected ?
>>> Whyt not?

[nishitanikhil]

Thanks a lot for the Quick response.

I have few questions with your answers.


2) If I can't file for H4 and if my H1B is rejected can I change to H4 while remaining in US itself.
>>> Possible if you file the COS from L2 to H4 before Oct 1st (Before your husband's H1B gets effective and before you go out of status on L2). In such case, you cannot work in L2 past Oct 1st as your husband's status has chnaged to H1B and you are no longer in L2.

Suppose by the time I come to know about my H1 denial if my husband's H1 is already in effect, then do I need to leave US and then apply my H4 from India and come back to US ?

3) Suppose we got our H1B visa approved can we go to Canada and get it stamped to change from our L1/L2 to H1B ?
>>> Yes. But visa is only an entry document to U.S. You need a valid visa only when you go out of U.S and want to re-enter back.

[COLOR="Purple"]So when I transfer from L1/L2 to H1 .. I need not go outside US and re-enter to make the H1 effective ?
If no then what happens when I go to India for a visit ? Do I need to go to Indian consulate and get my visa stamped before coming back to US?[/COLOR]


5) Is there any chance that when I go for stamping to Canada before Dec and it would get rejected ? If yes can we return to US with L1/L2 and try for L1 extension?
>>> Of course it is possible. When you guys apply for H1B, your previous L1/L2 visas will get stamped with CWOP and so you cannot re-enter back in L1/L2. If the visas are not cancelled and if the L1 petition is valid, then you can enter. But the chances of that is very little to none.

When you say chances are very little to none. Did you mean chance of getting my visa stamping rejected from Canada is very little to none?

[shervin143]

Suppose by the time I come to know about my H1 denial if my husband's H1 is already in effect, then do I need to leave US and then apply my H4 from India and come back to US ?
>>> Yes.

COLOR="Purple"]So when I transfer from L1/L2 to H1 .. I need not go outside US and re-enter to make the H1 effective ?[/COLOR]
>>> No. You need to do that only if your H1B approval doesn't come with an attached I-94 (That is, H1B approved for Coinsular process). If your H1B approval comes with a new I-94 attached to it, then you can start working for the H1B sponsor as of the H1B effective date.

COLOR="Purple"]If no then what happens when I go to India for a visit ? Do I need to go to Indian consulate and get my visa stamped before coming back to US?[/COLOR]
>>> Yes. If you want to enter U.S in H1B status, then you need a valid H1B visa stamped in your passport.

When you say chances are very little to none. Did you mean chance of getting my visa stamping rejected from Canada is very little to none?
>>> No. I meant, the chances of the VO leaving your existing L1/L2 active (without CWOP cancellation stamp) when you go for H1B stamping is little to none. They will cancel the L1/L2 irrespective of whether they decide to approve or decline your H1B.