L1A expiring & Applying for H1B extension

[la_vkumar]

Please any one help me, I am in very horrible situation with my US Job.
My L1A is expiring on 18th April which completes my 5th year, My company A employer doesn’t want to renew it for final time. I had applied for H1B with company B in 2008 & got approved in March 2009, but I didn’t join with company B, bcoz of recession at that time & I don’t want to take risk. My H1B approval is expired from October 2011.

1. Can I now apply for renewal of H1B with company B in premium process & continue staying here with a work after getting H1B approval ?

2. Second issue is I am really worried about my family. I was not married when I applied for H1B. Now my family is with me & can I apply H4 simultaneously for wife & baby.

[kabkaba]

Please any one help me, I am in very horrible situation with my US Job.
My L1A is expiring on 18th April which completes my 5th year, My company A employer doesn’t want to renew it for final time. I had applied for H1B with company B in 2008 & got approved in March 2009, but I didn’t join with company B, bcoz of recession at that time & I don’t want to take risk. My H1B approval is expired from October 2011.

1. Can I now apply for renewal of H1B with company B in premium process & continue staying here with a work after getting H1B approval ?

Yes, any employer can file a cap-exempt petition for you. H1 petition must be received by USCIS (receipt notice date) before your current I-94 expiry. You can and must begin working once change of status to H1 gets approved.

2. Second issue is I am really worried about my family. I was not married when I applied for H1B. Now my family is with me & can I apply H4 simultaneously for wife & baby.

Certainly, I-539 can be filed to change your dependents' status (from L2 or any other status) to H4 along with the H1 petition.

I assume your previous H1 was filed without change of status (no I-94).

[la_vkumar]

Thanks Kabkaba for your early reply.

1. Should I also need to apply in premium process for I-539 (for my family) ?

2. How long will it take to get approval in Premium process ?

3. I heard I should wait untill Oct 2012 to start working on H1B after getting extension approval. Is that true ?

Please help.

[shervin143]

1. Should I also need to apply in premium process for I-539 (for my family) ?
>>> There is no premium for I-539.

2. How long will it take to get approval in Premium process ?
>>> Within 15 days.

3. I heard I should wait untill Oct 2012 to start working on H1B after getting extension approval. Is that true ?
>>> Yes.

[la_vkumar]

Thanks for your answer Shervin.

If I want to wait untill Oct 2012 to start work means, I will get visa from start Oct 2012, so untill i should be out of USA.
Now I have to plan to depart USA before 18th April which is last day for 5th year L1A visa.

Please reply, if the above is correct or not.

[shervin143]

It depends on how your employer filed the H1B petition. If the H1B is filed as a COS from L1A using the CAP from the previous H1B approval notice, then the H1B if approved will come with a new I-94 and you can (and you should) start working for the H1B sponsor as of the H1B effective date. If the H1B is filed for consular process, then you should leave, get the H1B stamped and return back. If the H1B is filed as a COS, then the effective date will be prior to Oct 1st (most likely the date of approval will be the effective date).

If you don't get the H1B COS approval by April 18th, then you should leave the country. Check with your employer to see if the H1B is filed as a COS or for Consular process. If filed as a COS, then upgrade the case to premium and get the result within 15 days rather than have to leave the country.

Thanks for your answer Shervin.

If I want to wait untill Oct 2012 to start work means, I will get visa from start Oct 2012, so untill i should be out of USA.
Now I have to plan to depart USA before 18th April which is last day for 5th year L1A visa.

Please reply, if the above is correct or not.

[la_vkumar]

Thank you so much for your quick reply Shervin.

My employer who filed H1B is in Atlanta. I am in LA working with L1A employer. I came to know all the information about H1B over phone from Atlanta employer. But when I checked the status on USCIS website with the case no. It is mentioned as I129 approval, I don’t know whether it is COS or Consular process.
When I talked to Atlanta employer today he said, he would talk to his attorney and let me know. Also he has some concerns about LCA in LA, he said it is around (not sure) 90k and it is doubtful to apply if the LCA is equal or above my pay range where my annual pay will be around that range of LCA. Do you have any idea of LCA amount in LA.

Shervin can you answer me on the above issues.

Thanks,
Kumar

[shervin143]

My employer who filed H1B is in Atlanta. I am in LA working with L1A employer. I came to know all the information about H1B over phone from Atlanta employer. But when I checked the status on USCIS website with the case no. It is mentioned as I129 approval, I don’t know whether it is COS or Consular process.
>>> Well, information about the petition will not be online. You can only check the status online. Checking with the employer is the only option.

When I talked to Atlanta employer today he said, he would talk to his attorney and let me know. Also he has some concerns about LCA in LA, he said it is around (not sure) 90k and it is doubtful to apply if the LCA is equal or above my pay range where my annual pay will be around that range of LCA. Do you have any idea of LCA amount in LA.
>>> I don't have any idea on the minimum wage requirement in California. Try to google for it.