Query on L1B to H4 conversion

[msbalaji4u]

Hi,

I am on H1B and my wife working on L1B for a company and her L1B visa expires on 12th April where as her I-94 expires on 30-April-2013 ( next year). I have filed for her H4 last week and my concern is if we are not able to get the receipt no. from USCIS for the same within 12th April 2012, how does it affect her stay in USA? Also, she is planning to go on Leave without pay for a longer period and not resigning from the company. Her company wants the receipt no for H4 filing before 12th April 2012. Please let me know.

Thanks,
Bala

[shervin143]

The visa in the passport deosn't determine her valid status. She will be in L1 status (and continue to work for the L1 employer) as long as her L1 I-94 remains valid. Once her H4 gets approved, she cannot work. It takes about 2 weeks to get the receipt notice. She can stop working once she receives the H4 receipt notice and legally stay based on the pending H4 approval. So if she doesn't receive the receipt notice by April 12th, she can continue to work for the L1 employer as her L1 I-94 remains valid.

[msbalaji4u]

more query

Thank you Shervin!
If the employer is reluctant to get her work after 12th April ( since she is on her maternity leave right now) and she has planned for Leave without pay, and if there is no receipt till 12th april, what could be the impact? Please let me know.

[shervin143]

Well, without the receipt notice, there is no proof that USCIS receive your documents for the COS to H4. If USCIS did not receive the documents, then there is no COS to H4 in progress and she will remain in L1 status. If she is in L1 status, then she should work and get paid to maintain the L1 status. Otherwsie she will go out of status on L1. You can also eFile the COS to H4 and then send the documents to USCIS. That way, if the eFile happens before her last pay date, she is all good. Do you have any other prrof that the documents reached USCIS? If yes, then wait for the receipt notice.