Expired L2B/I-94, pending L2B extension, pending H1B

[abajaj]

Hello,

I urgently need you help on this case.

- My I-94 and L2B expired on July 19, 2012.
- L2B extension for 2 months (valid upto Sept 26, 2012 if approved) was filed on July 13, 2012. This is because my husband was short of 2 months to complete his 5 yr stay in US on L1.
- H1B was filed on April 9, 2012 in non-premium category. This is being changed to premium today.
- My husband has expired I-94, L1B extension valid upto Sept 26, 2012 pending, H1B approved with attached I-94 valid from 1st Oct, 2012.

Since the L1B extension is still pending, does he go out of status from Sept 26, 2012 to Sept 30, 2012?

Is it necessary for him to leave US during this time and then re-enter after getting his visa stamped for H1B? Or the change of status is in effect automatically after 1st Oct, 2012?

What happens to my status during this time? If I file an H4 now based on his H1B, do I have to leave US for H4 to be active? I am in my last trimester of pregnancy and flying at this time isn't a great idea for me. So we are finding a way not to go "out of status" without having to leave US.

Please help.

[raghvi]

Hello,

I urgently need you help on this case.

- My I-94 and L2B expired on July 19, 2012.
- L2B extension for 2 months (valid upto Sept 26, 2012 if approved) was filed on July 13, 2012. This is because my husband was short of 2 months to complete his 5 yr stay in US on L1.
- H1B was filed on April 9, 2012 in non-premium category. This is being changed to premium today.
- My husband has expired I-94, L1B extension valid upto Sept 26, 2012 pending, H1B approved with attached I-94 valid from 1st Oct, 2012.

Since the L1B extension is still pending, does he go out of status from Sept 26, 2012 to Sept 30, 2012?

Is it necessary for him to leave US during this time and then re-enter after getting his visa stamped for H1B? Or the change of status is in effect automatically after 1st Oct, 2012?

What happens to my status during this time? If I file an H4 now based on his H1B, do I have to leave US for H4 to be active? I am in my last trimester of pregnancy and flying at this time isn't a great idea for me. So we are finding a way not to go "out of status" without having to leave US.

Please help.

When did your husband's I-94 expire? When you say H1B was filed April 9th 2012 is it for you or for your husband?

Technically you and your husband will be out of status from July 19th 2012 onwards if his L1B and your L2 extension arent approved.

I would suggest you get your husband L1 Extension process upgraded to premium ASAP to get clarity over all this. This is my opinion not legal advice.

[abajaj]

When did your husband's I-94 expire? When you say H1B was filed April 9th 2012 is it for you or for your husband?

Technically you and your husband will be out of status from July 19th 2012 onwards if his L1B and your L2 extension arent approved.

I would suggest you get your husband L1 Extension process upgraded to premium ASAP to get clarity over all this. This is my opinion not legal advice.

My H1B was filed on April 9, 2012 which is still pending. His H1B was applied May 24, 2012. It is already approved in August 2012.

Even if L1B extension get approved, it would have expiration date of Sept 26, 2012. I am concerned about the 4 days gap between two visas. Also, I read that you can stay for upto 240 days for pending extension case. Is that right?

[raghvi]

My H1B was filed on April 9, 2012 which is still pending. His H1B was applied May 24, 2012. It is already approved in August 2012.

Even if L1B extension get approved, it would have expiration date of Sept 26, 2012. I am concerned about the 4 days gap between two visas. Also, I read that you can stay for upto 240 days for pending extension case. Is that right?

4 Days Gap with a weekend, technically even if out of status is a 2 day out of status period which should not in most cases matter, again all depends on the VO. But all hinges on the L1 extension approval hence my suggestion of getting it converted to premium. There is vagueness in the 240 Days rule, and I believe its for L1/H1 visa and not for L2/H4 visas. This is my opinion do consult immigration lawyer for legal advice.

[abajaj]

4 Days Gap with a weekend, technically even if out of status is a 2 day out of status period which should not in most cases matter, again all depends on the VO. But all hinges on the L1 extension approval hence my suggestion of getting it converted to premium. There is vagueness in the 240 Days rule, and I believe its for L1/H1 visa and not for L2/H4 visas. This is my opinion do consult immigration lawyer for legal advice.

What if the employer doesn't respond to the RFE on the L1 extension petition and then then withdraws the petition on 1st Oct when the H1B COS is effective?

[raghvi]

What if the employer doesn't respond to the RFE on the L1 extension petition and then then withdraws the petition on 1st Oct when the H1B COS is effective?

If lucky you will not be questioned for illegal stay by DHS and certainly the Out of status period will show up in th enext tiem you visit the consulate for H1 stamping or when the GC is filed. This is my opinion not legal advice.