L2 to H1b

[BLC]

Hi,

I am currently working with L2-EAD. My L2 visa is valid until August 23rd,2012 . Meanwhile my employer has applied H1b for me with Change of Status in regular processing on May 25th 2012.

Can i continue to stay in USA if my H1 gets approved or even if i do not know the decision on my H1 before/after August 23rd.

Please advice as soon as possible.

Thank you.

[raghvi]

Am assuming this is a Fresh H1, then your H1 start can only be 01-Oct-2012 or later. Now whether you can stay or not till that time will depend on you I-94 associated with your L2. If you current I-94 is valid till 01-Oct-2012 then if H1 is approved you should work only on H1 from 01-Oct-2012/H1 effective date. If you dont have a valid I-94 till 01-Oct-12, you should move to some other status or leave US and re-enter after a new H1 stamping based on H1 effective date. If it is fresh H1 you have to get it stamped from your home country. This is my opinion, not legal advice.

[BLC]

Thank you so much, Raghvi for the information.

[BLC]

As my I-94 expires on Aug23, to avoid leaving USA before Aug 23, my autorney is suggesting that we can change the case to premium processing while changing the REQUESTED ACTION
to "Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted". so that if i get approval with in 2-3 weeks, i could go to canada for stamping the H1-B before Aug 23.

Also i asked him if we could go to canada for fresh H1-B stamping as i was also thinking we should go to home country for fresh H1-B stamping. But he said we could go to canada aswell.

As a matter of fact we are changing the case to premium today or tommorow based on this approach. Can you advise on this please ASAP.

[shervin143]

First time H1B stamping should be from your home country unless you have done your studies in U.S. There are cases where the VO was unable to validate educational certificates and have asked the candidate to go back to the home country to get the H1B stamped. Also, in case they are unable to validate the certificates, your stay in Canada can get extended as they will issue you a 221g. So be prepared for all that if you decide to go to Canada.

Even if you file the H1B in premium and get the result and go for stamping before August 23rd, you will not be able to enter U.S in H1B visa until September 21st 2012. Did your lawyer tell you that?

[BLC]

Thank you, Shervin for the information.