I have seen many of my friends, who come to US on L1 visa from a major Indian IT consulting company like Infosys, Wipro, Cognizant, TCS, etc and convert to H1B visa after one year or even less. I will try to explain some of the advantages of this process.
Job Market myth in US :
One of the biggest myths when you are applying for H1B visa petition is, you do not know how the job market is in US and How everything works down here in US. People are kind of skeptical about the situation here. I completely agree with perception of situation. Many of the big IT vendors like CTS, TCS or Infy, etc have implementations in US and they bring in their employees to work on site in US. IT people work very hard in India to get an onsite chance including countless sleepless nights and late night conference calls. The bad part is, L1 visa working employees realize after coming to US, that they are not well compensated when compared to their counterparts working on H1B visa in US. Guess what, once they get grounded well around here in US, they plan on L1 to H1B conversion. The process of L1 to H1B transfer is not very complicated.
Advantages of L1 to H1B transfer & implications :
There are many advantages of L1 to H1B visa transfer like below
- Job Market in US Study : The biggest advantage is, if you are already in US, you have a fairly good understanding of how the job market is performing in US. You can talk to people, talk to vendors, talk to friends, talk to recruiters, etc and figure out the job situation for your particular area. You may also check the article for job market study :US recession impact on H1B visa filing for 2011 quota? How is Job Market in US in 2010 – 2011 ?
- Playing Safe : You are playing it very safe, there is no risk involved. Worst case scenario, you can still stay in US on L1 visa if you realize the Job market is not improving.
- Seek Full time Employment with Clients : Your opportunities are not limited to just IT consulting companies. You can start looking full time opportunities with a Client company. Might not be the client company you serve on L1, other similar Clients or American companies who need people with your skills. Your opportunities are in fact, endless.
- L1 to H1B change of Status : Change of status is very simple from L1 to H1B visa. The transfer process is seamless. You can transfer your status from L1 to H1B visa and start working as soon as your H1B starts in October. You do not need to go to visa stamping, unless you plan to leave the country for some reason and re-enter US.
- Choosing Good IT consulting company : You can talk to real companies and verify their authenticity. It is easy to find companies information in US, than in India. Your network is much broader. You have good chance of connecting with people in a company and you can make a wise choice for choosing a consulting company if you have to. For more info, check article : How to Choose your H1B sponsor employer
- Job search, first consulting project time save : You are not wasting any time for job search. The idea is, you keep working on L1 visa and then look for a Job and then take up an opportunity only when you find a good project, at least the first project. You have an option to choose the project. No time is wasted for break through. Typically, first consulting job is the harder part. Good things is, you do not have to waste time for the first job.
- Help for projects : The other added advantage is, let’s say you start a project and you need some technical help or need to discuss some things about anything, you have a chosen set of old company friends who can help you to solve the issues.
I can keep on writing… the above listed seem very logical and definitely gives you an advantages. Your strategy for applying for H1B visa should be a safe bet with the current economy and recession. If you come to US on L1 visa and then transfer from L1 to H1B, you are playing a safer bet. On the other hand, you may have lot of work load and other commitments on L1 visa because you may be the only person on site, but “there is no free lunch, you may have to work double shift to hedge the risk…”
Do you know any other advantages ? Add a comment…
Hi Saurabh,
How are you doing!!!
This is the second time I am coming to US on L2 (dependent) visa. I applied for H1 when i came to US my first time but I didnt worked on it as I need to go back to India on some emergency. Now by the time I came back to US my H1 validity is over in Sep 2011. I am working on my EAD now and planning to move to H1.
Do I need to apply for a new H1 or can I use my old H1?
Will there be any issues if there is a possibility of using my old H1?
How much time does it take to move on to H1 using the old one?
How much time does it take to move on to apply and get a new H1?
Do I need to stick with the old H1 consultant if I need to reuse my old H1 or I can work with any consultant for this change of EAD to old H1?
Please let me know. Thanks in advance!!!
With regards,
Manasa.
1. The old employer can either file H-1 extension for you along w/ COS, and you can work for them once it has been approved. Or, a new employer can file for H-1 extension, transfer and COS and you can work for them based upon it’s approval. In either case you don’t need to go through the cap again as you already had an approved H-1 petition.
2. As long as you maintained legal status all the while, you should be fine.
3. Regular processing may take 2-6 months, while PP will be done in 15 calendar days (not counting RFE)
4. If you are looking for brand new cap-subject petition, then that cannot be filed until April 1, 2012 and cannot start to work until Oct 1, 2012
5. Read (1)
My husband is moving on to H1 next week. Do I need to move on to my old H1 from EAD before that to continue my work? or can I continue working on EAD till my H1 approval even though my Husband moves on to H1? If I should’nt work on EAD anymore, once my Husband moves on to H1, can I take leave for 2 weeks and join back work on H1? Please suggest.
With regards,
Manasa
Once your husband’s H-1 starts, your L-2 status will cease to exist. You should move out of L-2 by that time. You can either go to H-4 or H-1 by using your old approved petition.
Besides stopping to work on EAD, you also need to take care of your legal status. So yes, you will have to stop working, and then file for COS to H-4 or H-1. The current employer can file for H-1 transfer w/ COS under PP so that you do not have stay on L-2 for longer duration once your husband moves to H-1.
BTW, when you say your husband is moving to H-1 next week, do you mean his petition will be filed next week or his COS to H-1 will become effective next week?
Saurabh, his COS to H-1 will become effective next week. Thanks alot for your suggestion.
Hi, I have L1B visa that got expired in Aug 2011 and My company had filed the VISA extension for me and my husband. In September 2011 i had received RFE and now my husband who is on L2 received denial notice stating that his VISA is denied because the principal applicant’s VISA has been denied. But neither my Company nor it’s attorney have received any denial notice from USCIS Nor did the status got updated online.
Can you you or anyone suggest what should we do? Leave US immediately or wait for denial notice for L 1 B VISA?
Your employer should contact USCIS and check what the status is. If the status is still pending processing, then you are fine at the moment. If your husband’s I-94 has expired and has received denial notice, then I think he should leave US. You can contact USCIS to find out if it was an error on their part; if not then he should leave US.
BTW, at times the online status is not updated immediately and gets out of sync w/ the actual status of the application. So it’s better to check w/ USCIS what stage your L-1 petition is.
Hi Saurabh,
First of all I really appreciate your guidance!!!
I am working on L1 visa now, applied H1 visa during Nov 2011 and it got approved. My H1 is valid from 01/16/2012.
1. Do I need to change my job immediately? or can i look for a good job and change whenever i want?
2. I have some family obligation and cannot move out of this status till June 2012. Is it ok if I can move to a new job on H1 after June 2012?
3. Does any thing affect if I do not move to H1 as per H1 petition validity?
Thanks,
Gopi
1. If H-1 was approved w/ COS, then you need to work on H-1 from 01/16/2012. You can continue to look for other employers for H-1 transfer but you need to work for at least this employer until another employer files H-1 transfer petition for you
2. It would ok as long as COS has not been approved. If you want to continue to work on L-1, then travel out of the country and return on stamped L-1 visa.
3. Yes, you would be considered to be working for L-1 employer illegally if you continue to work for them after COS approval.
How to identify whether it is COS or not in the petition?
Was there an I-94 attached to the bottom of the approved 797? If yes, then COS was approved, and you will be considered on H-1 from the date mentioned in that I-94.
Else, you would remain on previous visa status.
As per your answer to question-2, you mean do I need to go to consulate, get a new L1 and come back to US? OR just go to India on vacation and get new I94 in airport with old L1 and come back to US? Will my H1 be valid if I do that or will there be any issues? Kindly explain.
Saurabh,
As per your answer to question-2, you mean do I need to go to consulate, get a new L1 and come back to US? OR just go to India on vacation and get new I94 in airport with old L1 and come back to US? Will my H1 be valid if I do that or will there be any issues? Kindly explain.
If your existing visa stamp in the passport is still valid, then you can go out of US and return on that visa stamp and remain on L-1 status. Your H-1 will remain valid but kind of dormant. In future, you can apply for COS from L-1 to H-1 to go on to H-1 status, or go out of country and get H-1 visa stamped in the passport.
Saurabh, my L1 is valid till June 2013. Do I need to go only to India or is there any other place where I can go for getting my visa stamped? How long will it take if I apply COS from H1 to L1? You mentioned ”Your H-1 will remain valid but kind of dormant”, may I know what will happen. Does my GC application effect if I do not change job on H1 valid date?
If the L-1 visa stamp is still valid, then you can even go to CA and re-enter to get an I-94 mentioning your status as L-1.
Your H-1 petition will still be valid, but your status would not be H-1 once you move to L-1. In future, you can go to H-1 status by filing COS to H-1 or entering US on stamped H-1 visa.
Yes, GC application may be impacted in future, if you do not work on H-1 even while being on H-1 status.
Hi, I am currently on L1B & my I94 is valid till 2013 Dec, but my project might end in June 2012, can I apply for H1 with Change of Status (COS) & start working for other employer without going back to India?
An employer can file H-1 w/ COS for you and once approved you can work for them from Oct 1, 2012.
As your I-94 is valid till Dec 2013, you can continue to stay in US on the basis of pending COS and unexpired I-94 b/w June 2012 and Oct 2012. However, I am not sure if you can stay even if your employer asks you to return to home country. Check w/ an attorney about it.
Hi,
I am getting converted to H1 visa from L1 visa this year, the application is currently in process,
I will be completing 5 years on L1 in Mar’12 and after getting the H1 approved the validity on H1 will be until Jun 2013.
My question is as follows:
After completing 6 years in the US in Jun 2013, I will have to stay outside US for 1 year to return back to US unless my PR is applied.
Now, after staying outside US for 1 year can I use those 5 years left on my current H1 visa since I used only about 1 year on that visa or do I have to get thru the complete process of filing a new H1 petition in the Cap, get it approved, do the stamping et al.
Basically wanted to know the process of returning back to US after staying outside the country for a year considering the above scenario.
Thanks,
Akash
After staying outside US for 1 year, you will have to go through quota again. An employer will have to file cap-subject petition for you and once approved you will have 6 new years to stay and work on H-1 in US.
Dear Saurabh,
First of all my sincere Thanks to you for giving such wonderful guidance to us.
Here is my case :
My L1B got approved on Nov-2009 and the VISA stamping was done on Jan-2010. I came to USA on Aug-2010 and my VISA and I-94 is valid till Nov-2012.
My kid is reading in grade 9 here so this is a very crucial year for me to decide whether I have to continue his studies here or go back to India. my company will file my extension but If that got rejected after Nov-2012 it will be pressure situation for me as my kid will be on grade 10 at that time.
I have B.E. (Computer Science) and a post graduate diploma in Business Administration (Finance).
My company starts the extension process 6 months before expiration.
Let me ask two specific questions.
1. Is there any premium processing for L1 extension? If yes what the response time?
2. If my VISA got rejeted for some reason will they consider extending my stay till June-2013 so that my kid can complete his 10th grade here.
Your valuable inputs are very much appriciated.
Regards
Subrata Dutta
1. I think there is. It will be adjudicated within 15 calendar days
2. I don’t think so. You can request extension of stay and submit the appropriate reason. It’s up to them whether to agree to it on humanitarian grounds or not.
Saurabh,
Thank you very much for your inputs.
Do you really think L1 extension submission is possible before 6 months. Did you ever heard this scenario?
If my company agree to apply for premium H1B processing in April-2012 then the response should come within 15 days. is it correct?
Regards
Subrata
Extension cannot be filed more than 6 months prior to expiration date.
If no RFE is issued, then USCIS will adjudicate the petition within 15 calendar days of receiving the petition. If RFE is issued then your petition will be put on hold until RFE response is received. Once response is received they would resume the processing and would make the final decision within another 15 calendar days.
Hello,
I am on L1B visa which expires on May 2013 and working for Company A. Company B says they will file H1B and I can start working from June 2012. First of all is it possible to transfer from L1b to H1b within 6 months from now. If not what will be the earliest date from which I can start working on H1b through Company b.
Thanks
Sanjay
B can file H-1 for you along w/ COS. However, you cannot start to work on H-1 before October 1, 2012 which is the earliest start date to work for next fiscal year. Your employer is incorrect to say that you can work on H-1 from June 2012.
Dear Saurabh
I have a H1 B visa stamped on my current employer and I am still in India (not entered USA on the visa). I am resigning my current job and have a new a job offer from USA. Can I get my H1 B visa transferred from India, and do I need to reapply my visa ( I have wife and son on H4 stamp as well).. Can my current employer by any means cancel my visa after I tender my resignation ?
Please let me know the real scenario as I am confused
The other employer can go ahead and file cap-exempt referencing the old approved petition. You don’t need to go for H-1 stamping again as long as your current visa stamp is valid and has not expired. Your current employer can ask to submit your passport and get your visa canceled as part of their exit process. In this case, you will have to go for H-1 stamping again once the new petition has been approved.
I am on L1B visa. Due to acquisition and job cut my employer has asked me to leave by April 2012.
I am talking to other companies who can file my H1B, so can I stay back after April 12 to October 12?
Can I stay back on I-94 which is valid until May 2013?
I think you can continue to stay in US on the basis of your I-94 if you have filed COS to H-1. But I am not sure about it. Check w/ an attorney to be sure.
Is L1B visa tied with client project or employer….my situation i came to USA on L1B for company A(X Client) …after completion of project , i was shifted to Client Y….ammended petetion was filed …there i worked for only 2 months….again i was shifted to client Z immediately…but this time no ammendment is filed…my company told that it is not good to file another ammendment in such short duration…….after 6 months i got RFE on my L1B…this time my company A has withdrawn my L1petition and filed H1 for this year 2011 quota …my question is i was working for client Z from march 2011….is this a problem???
It is tied to the employer ans skill set. Did you use same skill set for client Z as compared to clients X and Y?
Thanks saurabh…yes…through out i used the same skill set….is it a mistake not to file ammendment that i will be working for clientZ.
Thanks
Did your location changed as you changed clients?
AFAIK, L-1 is independent of client and one doesn’t need to file amendments when changing clients. However, I am not sure if amendment needs to be filed when location changes. Check w/ your attorney about it.
ya…i moved from texas to michigan
Hi,
I have applied for H1B COS (regular process)in the month of August and I got RFE in dec, So how long does it take to complete the process if I respond to that RFE now.
It’s been 5 months now since applied
Their standard response says that they would adjudicate it within 2 months of receiving the RFE response. However, in reality it can take even longer.
Hi,
Here is my situation:
I came in US in Apr 2009 on L1 B visa along with my wife (for Company A). L1B expires on Jan 19th 2012.
Company B filed for H1B w/COS in August 2011. Decision is still pending.Company B is sure that my H1b visa will get approved in next 2 weeks.
I am interested to continue with Company A on L1B visa as my wife is currently working on EAD. Company A is filing for L1B extension(in PP).
Below are my questions
1) If my H1B gets approved first and my L1B extension is pending, do I have to go to India on the SAME day H1B gets approved(to avoid changing status to H1 and not get any problem in L1B extension)? Does my wife need to travel with me on the same day? or can she come later (i-94 valid till Apr 2014) ? if she does NOT travel with me on same day, will it impact her L2 extension?
We are planning to come back to US after L1/L2 extension is approved and we will get L1/L2 stamping done from India.
2) If my H1B visa approval comes AFTER L1B extension, I will be on H1B visa which I dont want to go with currently. I will go to India for stamping of L1 and come back to US.
Does my wife has to come with me same day or can she come later (she has i-94 valid till May 2014)?
It is not clear whether the employer filed H-4 w/ COS for your wife as well or not. I am answering assuming that they have filed wife’s H-4 as well.
1. She will also have to leave US w/ you in order to avoid her COS to go into effect. You both can later return to US after getting L-1/2 extended and the necessary visas stamped.
2. Same as (1)
If the wife’s H-4 w/ COS was not filed, then only you need to make the trips and she can stay here in US on the basis of her pending or approved L-1 extension. However, if your stay outside US becomes longer, then it may not be a good idea for her to continue to stay in US as that would treated as “parking”.
Hi,
My L1B ( 5 yrs) expires in June 2012, once L1 ends in june, can I stay in USA on H4 for a year and file fresh H1 for 3 yrs ? I mean – Is it necessary to go out of USA for a year once visa term ends or can I stay in USA on H4 ?
It is necessary to stay outside of US for 1 year in order to reset the clock. If you continue to stay in US on a visa (H-4, B-1, F-1 etc) then your clock is not reset.
Hi Saurabh,
1. I am on L1B visa with company A and I94 and I129 expire on 1st July 2012.
2. The same company A is ready to file my H1B visa in April 12. Once approved w/COS, i understand that i can start working on H1 status from Oct 2012.
3. The problem is for the months of July, Aug and September where i will not have any status? I understand that i cannot stay in US since i will not be in L1 or H1 status.
What are my options here for those 3 months:
if my company also files for L1 extension in May 2012 and it is approved in time before 1st July 2012 (expiration of I129 and I94), what is my status on 1st Oct 2012? L1 or H1
Can you suggest any other option since the company might not bear the cost for 2 visas?
Here are the options:
1. Employer files for L-1 extension allowing you to work in July, Aug, Sep. Then in Sep withdraw the L-1 extension so that your status continues to become H-1 from Oct 1, 2012 onwards. In case your L-1 extension gets approved, then your status would be determined by the petition that got approved later (this is called Last Action Rule).
2. Leave US once your L-1 expires and then go for H-1 stamping. Once stamped enter US to work on H-1.
Hi Saurabh,
I am currently in the process of L1 extension, my visa and I94 both expired with company A. I got my H1 approved with COS on 27th Dec 2011 with new company B, I am joining new company B on 9th of Jan after serving my notice period to the company A.
1. Based on your responses to other queries below, I came to know that my status will move back L1 if L1 extension of company A is approved, what are the steps I can take if L1 extension gets approved(By that time I will be working with new employer B and resigned from Company A)
2. Currently my family is in India, and I am planning to get H4 stamping for my wife and kid, what will be the impact on there stamping if case of L1 is approved.
3. Let us say that I got L1 extension approved and then I plan to go to India and get my H1 stamping, will here be any issues?
Thank you very much in advance!
1. Ask L-1 employer to withdraw the L-1 extension petition. Check w/ them if they would do that once you resign from them. The other option is to travel outside of US and return on stamped H-1 visa. This way your status will not go back to L-1 in case L-1 extension gets approved.
2. Then they will have to go for L-2 stamping if your status moves back to L-1.
3. No issues as long as you maintained valid immigration status i.e. worked on H-1 when in H-1 status and worked on L-1 when in L-1 status.
After I resign from Company A (L1), I cannot go back and work on L1 with that company right? and how will I know the extension details?
If the L-1 employer is willing to hire you again, and you still qualify for L-1, then you can go back and work for them. One qualifies for L-1 if the person has worked for L-1 employer for at least 1 year outside US in last 3 years. Also, the job should be L-1 qualified.
Thanks a lot Saurabh,
My next question is if may Family get H4 visa in the month of Jan, and the come to US, after they come here my L1 extension gets approved, in that cases, is that my family need to get H4 stamping again or it is sufficient that I go out of US and get my H1 stamped and come back.
Also suggest me the best option
1. Go to India in the month of Jan and get H1 and H4 stamping for all of us, only concern is I worried if there will be any problem for stamping in India
2. Wait for the L1 extension result?
Thanks gain!
V
If your family enters US on H-4 and then your L-1 gets extended, then your family members will go out of status as they would need to be on L-2 and not H-4. You can either leave US before L-1 extension and enter on stamped H-1 visa, in which case you family can continue to live in US on H-4. If you leave US after L-1 extension is approved, then everyone needs to go out and re-enter on H-1 and H-4 visas.
The best option is to have the L-1 employer withdraw extension once your H-1 has been approved w/ COS. The next thing is that your family enters US after there is more clarity regarding your L-1 extension. Finally, you all can go for H-1/4 stamping as a last resort.
Dear, I was on L1B and my I-94 is expiring on 29th Dec. I am still working for a US company but working from India. I came to India on Diwali and get my H1 Visa Stamped. Due to some reason the document (H1B Approval notice) has not yet reached me, though the H1B is approved. I am waiting for document to reach me so that I can go for Visa Stamping and return to US to work for the same company.
My Question is – Can I continue to work for my US company from India even after my I-94 expired. My H1B is approved already.
You can work for the company from outside US even after your I-94 has expired. Once you are outside of US, your work authorization is not governed by I-94/797 etc.
Thanks Sourabh, so you are saying that I can still be on payroll of the US company and work for it from India until I enter States.
when you say Once you are outside of US, your work authorization is not governed by I-94/797 etc.”, does that mean that I does not even need a valid work permit and I can still be Active US company Employee.
Yes, you can work for US employer from India. However, I don’t know how the taxes would work out.
Yes, that is correct. You can be employed w/ a US employer outside US even w/o needing work authorization like 797.
Hi Saurabh,
Just wanted to know if you have any information on how California Sevice Center has been in H1B approvals this year? Are the approval %’s higher? And how fast are they in approving?
Thanks,
MMB
No, I don’t have any such stats.
Hi Saurabh,
My wife’s L1B visa is expiring on feb 2012, but her I-94 is valid upto Mar 2014.
Please suggest if she can still work till her I-94 gets expired.
Thanks,
Sunil
When is the I-129 expiring? She can work until I-129 expiration date. Her visa stamp (in passport) will come into picture only when she travels out of US and wants to return to US on L-1 visa.
Her I-129 expires in feb 2012 but her I-94 expires in mar 2014.
Can she work till her I-94 stands valid.
No, she cannot. She will have to stop working once her I-129 expires. To continue working, extension needs to be filed.
Hi Saurabh,
I am currently working on L1B visa for employer A which has already expired on Nov and my L1B extension is in process and I have’t got the result yet.
I have recently got H1B w/COS approval from employer B and I have the following questions,
1. Can I go ahead and join the employer B now though my L1 extension result has not been confirmed yet? your guidance with this situation please?
2. Incase, if my L1 extension also gets approved after few days, which status I will be in? L1B or H1B?
3.is there a chance that USCIS may deny my L1 extension since H1 w/COS is already approved?
Thanks for your continuous support!
1. You should start working for H-1 employer from the COS approval date. That date onwards your status is H-1 and not L-1, and so you should stop working for L-1 employer and start working for H-1 employer.
2. Once your L-1 extension gets approved, your status would again become L-1. If you want to avoid this, then L-1 extension needs to be withdrawn or you need to enter US on a stamped H-1 visa.
3. Denial of L-1 rejection will not impact your already approved H-1 w/ COS.
Thanks Saurabh.
I have one more question,
In case if my L1 extension approved later, can my lawyer file H1B amendment to get me back on H1 status? in that way I can avoid going for stamping in India as now a days lots of issues going on there?
Is the H1B amendment something possible in this scenario? or the only option for me to leave the country and come back with H1B stamping?
I really appreciate your input.
Thanks!
The lawyer needs to file COS (I-539) and not H-1 amendment in case L-1 gets approved later and you want to go back to H-1 status. However, b/w the time L-1 gets approved and your COS to H-1 is approved, you will be on L-1 status and need to be working for L-1 employer.
This is the only option available besides traveling out of country and entering on stamped H-1 visa. If you can convince the L-1 employer to withdraw L-1 extension petition once your H-1 gets approved, that would be even better.
Hi Saurabh,
Once the employ resign the L1 visa company, how can that be valid once it is approved?
Regards,
Vijay
Someone needs to tell USCIS that you are no longer working for L-1 employer and that they should not approved L-1 extension once H-1 has been approved w/ COS. Unless they are informed, they would process and approve L-1 and put your status back to L-1.
Saurabh, Thanks for all your prompt reply and suggestions.
I have another question on EAD, which I could not find on this forum.
Here is the question..
I have applied for EAD(for L2 Dependent visa) and it is expected to approve by 15th Jan 2012, I m not able to find an employer yet. my current employer also applying L1B individual for me, which should be approved around 15th Feb, and I am planning to go back to india for stamping around 20th Feb. my question is if my L1B gets rejected and I come back to US back on L2, will I be able to work based on EAD I got in Jan, as I – 94 has changed now.
Thanks in advance for your help.
Yes, you can return on L-2 visa and work on the basis of approved EAD.
Thanks Saurabh.
but just to make my question clearer, do I need to apply or renew my already approved EAD when I come back from India, or I can work on already approved EAD. I heard that once your I-94 changes you need to renew or re-apply your EAD.
Thanks,
Rinku
I don’t think your EAD becomes invalid when you leave US. It is good for the time period for which it has been approved. When the expiration date approaches, you will have to apply for extension.
You can check w/ a lawyer as well.
Hello Saurabh,
Can L1B visa be transferred to H1B visa outside the H1B Cap ? This year, when the H1B quota is full, can this still be done ? From when one would be able to start working on the new H1B ?
No, it cannot be unless you had an approved H-1 petition in last 6 years. The earliest date of filing is April 1, 2012 and employment can start from Oct 1, 2012.
Hi Saurabh
I have a Query for my L1B Extension.I had applied for L1B Extension in the month of September I got an RFE within a Week.Now I have submitted my RFE with evidences.
My Query is my I94 is Active till 06/2013 even if L1B gets rejected can i apply for L2 staying US only becuase my Husbands holds aValid L1Bvisa .Due to Health reason i will not be able to Travel to India to apply for L2.
In case L-1 extension gets denied, you can apply for COS from L-1 to L-2. Once that is approved your status would be L-2 and you can continue to stay in US on that visa. No need to immediately go out and get L-2 visa stamped.
i am currently in l1b visa ,valid till jan 2014.i got a new offer from co.B ,h1b approved ,joining date 17th jan 2012.my current employer contract bond doesn’t show any notice period to leave the co.if i give notice on 3rd of jan 2012 and get immediate lay off(in the worst case )…what would be the legal implications ,could i still stay in US and join the employer B on 17th ..or what should i do..plzz help!
You will be w/o pay for couple of weeks in this scenario. I can’t say for sure that it will not cause issue in future. Try as much to keep the gap to minimum so that you can try to reason w/ USCIS if they question this period in future.
Hi Saurabh,
Thanks for quick response, I appreciate it. I have additional related question, as per my initial offer letter from India office if I leave them then I had to give them 1 month’s notice, later on when I was moving to US I signed a new contract with US office and in that contract there is no mention of any notice period from my end. But if my US office wants to terminate my employment and send me back to India then they have to give me at least 1 month’s notice. Also I did not resign from India office and I am in US payroll. Also as per the contract, the “…termination documentation and control of the situation are the responsibility of India office in co-ordination with US office…”, so I am not sure now in this case whether I should give the notice as per initial offer letter or as per the newer contract. Could you help me on it?
Thanks in advance.
taraj
Usually employment in US at will and companies cannot force you to serve notice period. However, that doesn’t stop a company from going after you in India. It would be better to get those contracts reviewed by a lawyer in US and India, to see whether they can be enforced.
thanks for the prompt reply.
Hi Saurabh,
I am currently in L1 and have also got my H1 as well. Its valid from 15th of Dec. 2011.
But I am yet to give a notice with my current employer.
I am planning to join the new employer only on 4th of Jan. My last date with my current employer would be 28th of December. Will I be out of status from 29th december 2011 till 3rd of January 2012 or since i have H1 petition valid from 15th of december, is it going to be fine? Also, will i have problems, of this 20 day break in H1..
Thanks,
V J
Hi Saraubh,
I am completing my L1B tenure (complete 5 years) in May 2012. My wife is also working on L1B visa it is still valid more couple of years. Can I file L2 (I-539) and work authorization (i-765) and continue working in US ?
Yes, that can be done.
Hi Saurabh,
I am in L1 visa and My I94 expires on July 2012. I am planning to apply H1 with COS with company B on April 2012. If my H1 got approved before my I94 expiry date on July 2012 then can i stay in the US after July 2012? or i need to go back to India?
I am not sure, but I think you cannot stay in US once your I-94 has expired and the new I-94 (that comes along w/ H-1 COS) kicks in from Oct 1.
Thanks Saurabh!!!!!
Hi Saurabh,
Suppose I am working in US on L1 B visa from company A in India, if I get better opportunity from a different company who is ready to sponsor H1 visa for me, can I quit my current company from US itself provided that I am on L1 B visa?
I have heard that companies have policies for L1 B visa and among them one is that you cant change your job on L1 B.
Waiting for your response.
Ashish.
From immigration law perspective, one can make that switch. However, one needs to take care of the company’s policies around this which can vary from company to company.
You can check w/ your employer what their policies are around this and that could provide more clarification. Remember, employment is at will in US, but that doesn’t stop the employer from coming after you in India.
Thanks for quick response, Saurabh!
Hi Saurabh,
Thanks for your support you are providing to everybody.
I wanted to get some clarification.
I am on L1B Visa. I have been sponsored H1 along with COS from Company B and it got approved earlier this Week. I got the 797 paper (H4 for my family) yesterday and it has the date as 12/9/2011 – 09/05/2014. The company who sponsors me got the 797 of my H1. I have not provided any notice to my company A till now as i have not got the Offer Letter from Company B. They were waiting to get the Visa Approved. As the holidays are starting now, response will be less. I also need to provide 2 weeks of notice for my Company A.
Is there any time period to join Company B after COS is approved? I feel I can only join Company B by Jan 1st week. Is that any problem? I am more concerned about the Status as my H1 got approved i am no more on L1. Please advice.
Thanks
Legally, you should be working on H-1 from the H-1 approval date (i.e. 12/9/2011). Anytime you spent w/ L-1 employer may hamper your immigration prospects in future. USCIS may question in future why you were still working for L-1 employer after 12/9 and at that point you will have to provide a reasonable answer. If they don’t question about this period, then you should be fine.
Hi Saurabh,
Just want to thank you for answering all the questions.I got my answer from the existing forum.
Regards
Krish
You are welcome Krish. Good luck!
Hi Saurabh,
Both me and my wife are on L1B Visa.My wife’s L1B visa expires on 22nd feb 2011 and company is sending her back on 1st feb.My L1 B visa stands till sep 2013.
Now I am planning to apply L2B visa for her.
1.Please suggest if I can apply for L2B visa from US, so her COS will be L2B.
If so Do I need to contact my company for her L2B processing.
2.or Is it required to be processed from India.
3. Time for L2B processing.
Thanks,
Sunil
1. Yes. Form I-539 should be filed for this. I am not sure if this is something you can do, or only your employer can do. I would assume you should be able to do it
2. It can be processed in US as well as long as both you and her have been maintaining valid legal status in US
3. Typically it’s around 2 months
My L1 visa and I-94 is expiring on 20th december.
My employer filed my H1-B on 17th november and converted it to premium on 6th december.
currently my status online is in acceptance.
My question is whether my saty is legal in USA after 20th december.
Hello,
My L1 B visa and I-94 expire on 20th december.
My employer filed my H1-B on 17th november and converted the same to premium processing on 6th december.
i Have not applied for L1-B extension.
my question is whether i am legal to stay in US after 20th december.
Hello Saurabh,
Seeking your advice again. First let me quickly summarise my situation. I was initially on L1, and later changed to H1 effective Oct 2011. My wife has now travelled to India and g0t her H4 stamped. She is due to come back on Mar 2012.
Now my question is, if in between I switch employer and get a new H1 approval how is it going to impact my wife’s travel. Though I intend to file for the new H4 simultaneously.
1. Can I get the new H4 filed, while my wife is still in India?
2. Once the new H1/H4 is filed, will my wife need to wait for the new approval before she can travel back, or can she travle back using the existing H4 visa.
3. Also if I do not apply for her H4 now, and just get my new H1 filed, can she still travel using her existing H4 and later we can apply for her H4 from here.
4. And say I get both the H1/H4 approved, I am hoping she will not need to go for stamping once again. And will she require to carry her new H4 approval on entry or she can just make using of the existing H4 papers and VISA?
Thanks,
Dickey
1. H-4’s status is determined by H-1 holder and is not attached to a particular employer. So I don’t think there is need to file H-4 for her.
2. She doesn’t need to go for H-4 visa stamping again. If you start working for new employer after filing for transfer, then she should enter w/ new approved 797 from new employer. If you are still working for old employer, then she can enter w/ old 797. However, in this case her I-94 will be based on old 797, while you will get an extended I-94 on the basis of your H-1 transfer.
3. Read (2). When her I-94 is about to expire, she can file for extension.
4. No new stamping is required when one changes employer. One can use it as long as it has not expired.
Hi Surabh
My L1 Visa is expiring on May 2012. And my fiancee visa is expiring on Feb 2013. My company is planning to send me back to India in next 20 days. I am planning to get married in Us by next week. And later file L2. which is the legal way
1: To resign from current company with 3 weeks notice period then get married and later file L2 OR
2: To get married firs then file L2 and then resign from Company.
Also, How long does L2 approval takes ? I am talking about I539 form to get approved.
Thanks.
L-2 may take around 2 months to process.
Both are legal.
Hi,
The total cost for H1B regular processing payable to USCIS is $2375 but the receipt notice that I received has the amount as $4375 ($2000 more than usual).
My questions are as follows:
1) Does the $2000 more indicate dependants visa (H4) cost as well.
2) Is there always a different receipt number issued for dependant or can it be the same (reason for $2000 more showing up on my receipt number. Just to mention it is only my name on the receipt notice.
3) I am currently on L1 so after my H1 is approved does the L2 visa become invalid immediately making my wife’s stay invalid from Day 1 (if H4 is not approved until that time) or is there a grace period where in she can stay for a few more days until the H4 is approved.
Thanks,
Akash
1/2. That could be b/c your employer has more than 50% of employees on H and L visas.
3. She needs to be on H-4 from the time you are on H-1. A couple of days is ok, but anything more than that may lead to issue in future. Talk to an immigration lawyer if such a thing happens.
My L1 and I-94 is about to expire on 20th dec (6 days fron today)
My employer filed for H1 on 17 november and them converted the same receipt to premium processing on 6th december.
Till date i have my H1 status in acceptance.
How early can my employer apply for L1 extension to avoid out of status.
can i apply anytime before 2oth december or there is some certain peroid before which i have to apply.
Thank you
L-1 extension needs to be filed prior to I-94 expiration date in order to allow one to continue working in US on L-1.
Hi Surabh,
Thanks a lot for helping all of us.
I need a clarification. I missed H1 B status this year since by the time my new employer filed my petition the annual cap was met.So they have agreed to file it on April 2012.I can only join my new employer in Oct 2012.
I am on L1 B Visa .If I resign from my present employer as soon as my H1 B gets approved and I receive COS (say May 2012) can I stay in US till Oct 2012.
Is it something like that H1 B is valid only from the date I join the payroll ie Oct 2012 and if I resign on April 2012 I may have to return back to India since L1 B visa will become invalid on resignation or completion of notice period say 3 months.
If H-1 is fled in FY-13 then it cannot kick in before Oct 2012, even if it has been approved. Oct 1, 2012 is the first employment date for H-1s filed in FY-13. So even if your H-1 gets approved in May, you need to continue maintaining L-1 status until Oct 2012.
You can continue to stay until Oct 2012 if your I-94 is still valid. However, if your L-1 employer fires you and asks you to return to US, I would suggest obliging to it or to talk to an immigration lawyer before deciding to stay on the basis of I-94 and waiting for Oct 2012 to arrive.
Does that clarify?
Thanks Saurabh. I was planning to resign once i have H1 in my hand.Now after reading this what I think lets stay in L1 B till end of Sep 2012 and then join in Oct 2012.
Regards,
Zainu
Hi Saurabh,
I am on L2 Visa, last year I got H1B approval notice (without COS). I am still working on L2 status, can I apply for L2 extension for another 1 year? Will it impact to my H1B if i want to use it in future?
Can you please suggests?
Yes, you can apply for L-2 extension and continue working on L-2 as long as your status remains L-2 and your spouse maintains his/her H-1. You can go to H-1 status either by filing COS in future or getting H-1 visa stamped from a consulate. Staying on L-2 will not impact your L-1. Although you will have to submit recent documents when moving to H-1 in future.
Thanks so much Saurabh. As usual your response is always quick and great…
you dog sourabh
I don’t know what’s that suppose to mean.
Hi
Iam on L1B.My Visa and Petion is getting in Apr’12.But my I94 vaild till Feb2013.
Is it possible form me to move to H1 with COS with another employer.
Yes, in April 2012 an employer can file H-1 for you w/ COS. However, you shouldn’t work for L-1 employer once your L-1 expires, even though you can continue to stay in US on the basis of I-94. Talk to an attorney to be sure.
Thanks Saurabh for the reply!!
I have one more question.
If an employer do a H1B with COS ,lets say after april with PP,If this gets approved by May or June,Can i continue with L1 employer Since emploment should start only from Oct’12 for FY13 H1B(this is fresh H1B for me).I may need to server notice period(b/w july and Sep’12) once the H1 gets approved.
Please clarify..
Yes, that is correct. However, your L-1 petition and I-94 should be valid for you to continue to stay in US and work for L-1 employer until Oct 2012.
Hi,
I applied for L1B extn and got an RFE. The status got updated to “Denial decision” yesterday. However my company is yet to receive the I-797 notice. Currently I’m out of status as both I-94 expired by Oct 24, 2011 and L1 also denied.
Given the above,
1) what now, are my options and how long can I take to wind up my stay in US?
2) Should I consider appealing the case or apply a fresh visa. If fresh visa is the case, at what time frame can I apply for a fresh visa and which visa option should I opt for ie, L1 or H1B?
Thanks
Divi
1. You should leave US ASAP as your I-94 has expired.
2. Talk to your employer and attorney whether they feel confident about L-1 or not. If the reasons for denial still exist when the new L-1 is applied, then it will get denied as well. Depending upon what kind of work you do, your employer may be able to file H-1. Even then it cannot be filed until April 1, and you cannot start to work until Oct 1.
Hi,
My brother’s L1 expired in September 2011 and his L1 extension petition got RFE for which he is not responding as it most likely be denied.
So, i have questions regarding his situation. His wife has a valid L1 until 2013.
1.
a. Can he stay back and apply for L2 and how long does it usually take for L2 processing?
b. Can he stay while his L1 extension is still pending and apply for H1 as cap exempt change of status?
2. If he has to go back to india and apply for L2 on his wife’s L1,
If he gets L2 and return to US and then finds an employer willing to process H1B,
is it considered COS or it is considered part of Cap quota and have to wait until October?
Thanks.
1a. If the I-94 has expired, then L-2 COS cannot be applied from within US
1b. He can stay while his L-1 extension is pending. However, H-1 COS will not be approved if the I-94 has expired
2. Yes, in this case H-1 will have to be applied w/ COS. He will be subject to quota and will have to wait until Oct 1, as he didn’t have any H-1 visa in past 6 years.
Hi ,
My H1B is approved for 1 year !!! Thanks for your help !!!
Now i have few question.
1.When i have to leave the L1B company . Can i continue with them for another 20-30 days .
2. If in case i dont want to continue the H1B and want to continue my L1B , is it possible ?
Please suggest !!!
Was your H-1 approved w/ COS or w/o COS? Did it come w/ an I-94 attached to the bottom of it. If it was approved w/ COS and came w/ an I-94 attached to bottom of 797 approval notice, then you are on H-1 status from the date mentioned in the I-94. You need to start working on H-1 from that date and stop working for L-1 employer by that date.
If you want to continue working on L-1, then you should leave US and re-enter US on L-1 visa stamp.
Hi Saurabh,
Some more questions :
1. My H1 employer is not finding me a project. I dont want to sit on bench,I think I want to continue on L1. I have L1 stamped till 2013. So if I want to work on L1 – I just have to go out of USA and come back showing L1 stamp at port of entry? Will that make my current status to L1 again? What will happen to H1.
2.My wife is working on L2 – EAD. Now I have changed from L1 to h1. so she is on H4 approved visa. Can she continue working on L2 EAD? ITs difficult that both of us stay home. When will her EAD be invalid?
3. Just help me knowing what alternative I have right now to continue my L1 and my wife’s L2-EAD.
Thanks for all the help you are doing in answering the questions.
Thanks !
1. Your status would become L-1 in that case. Your H-1 would still be active, but your status would be L-1. You can move to H-1 again either by filing H-1 transfer w/ COS.
2. She cannot work on L-2 EAD once her COS to H-4 gets approved and when you move to H-1. She will also have to leave US and enter on L-2 visa stamp w/ you.
3. You guys need to travel out of US, and enter on L-1/2 visa stamps.
Hi Saurabh,
I have few questions but before that let me give you some info.
1. I am currently on L1-B in US issued in May 2010 and the expiry date printed on visa is May 2013 i.e. three years.
2. I ‘ve got an employer to apply for a fresh H1-B petition in coming April 2012.
My questions are:
1. On my L1 status: Am i eligible for 2 years extension on L1? Just in case if i continue with my current employer.
2. Can the new employer file for H1 transfer or fresh H1-B or any of them? I understand that H1 transfer would only mean change of status from L1 to H1 and i might not need to travel to india to get it stamped. Also, with that i can start working for new employer as soon as the status change is invoked.
3. In case if new H1 is filed, will it count to 6 years or will it count to 6 – already spent time in US on L1? What happens with this if it is H1 transfer/change of status?
4. In case if i go back to India in April 2012 while the new employer starts processing and files for a fresh H1, in that case what would be my eligibility to stay?
Thanks a lot in advance,
Nitin
1. Yes, maximum time on L-1B is 5 years
2. It will be a fresh H-1 as you didn’t have any H-1 in the past. Your other statements are true
3. It will be 6 years minus the time already spent in US on L-1 (always)
4. Same as (2) and (3)
Thanks for the reply Saurabh!
One question though, so if i am here on L1-B and meanwhile, a fresh H1-B is filed by a new employer then i can start working from here as soon as i get the approval and no need to travel to India in order to get the stamping done, right?
The employer has the option to apply H-1 with Change of Status (COS) or consular processing. In first case, your status would be H-1 from the approval date and you can start working on H-1 from that date. You don’t need to go for H-1 stamping immediately. You will no longer be on L-1 status.
In latter, you will stay on L-1 status unless COS is filed and approved, or you go out of US and enter on stamped H-1 visa.
Thanks for the reply Saurabh!
Thanks a lot Saurabh!
Thanks Saurabh for clarification, i am adding one more of might doubts- Does the L1-B becomes invalid, the moment my H1-B gets approved and will i have to terminate my employment with my current employer with whom i am working on L1-B at that moment itself? I was more concerned about the notice period that i need to serve after giving the resignation.
Working on L1 visa and shifting to H1 (CoS) – Does H1 employer asks for RELIEVING LETTER and EXPERIENCE LETTER from L1 company that he is working with?
Does it matter if we dont give even a single day notice to L1 employer and joins H1 company next day?
A lot depends upon the company policies. Lot of companies will not ask for relieving letter from previous employer, but they can do background verification to see if you were really employed or not. Experience letters come in handy when applying for Green Card.
Notice period also depends upon the company. If your company asks you to serve notice period, then they can take you up on that either in US or India (depending upon what kind of contract you signed w/ them).
Thanks for the provided info.
I am wondering if EMPLOYEMENT BOND is valid in USA exists, in India , we need to payback some amount to company when leaving before due to bond but in US, I dont think employment bond exits.
Employment bonds are not applicable in US. However, employer can demand reasonable business losses (they would still need to show these losses in a court). However, that doesn’t stop the employer from suing you in India and asking for damages there. The companies know that they can’t come after you in US, but they also know that they can come after you in India.
Hi,
I need a small advice from you . my L1-b and i-94 expire on 1 jun 2012. If i go to india in jan will i be allowed to re-nter in feb first week (2012). I would still have 118 days left on my visa by feb 1st.
Should I apply for extension before going or after coming.
Thanks,
Jawaad
You will not be stopped at PoE b/c of your visa expiration date. If asked you can reply that your employer plans to file extension soon after you enter US. It is better to file extension after you have returned to US.
Hi Saurabh,
I have below situation:
1. I came on L1B to US in Oct 2006.
2. I got my L1 extension in Sept 2009 and got my Visa stamped in India.
3. I came back again to US with L1B extension and my visa expires on 19th Jan 2012. My I94 expiry date is 15 July 2013.
4. My company had started doing H1 B filing but they missed the date and H1B CAP got reached on 11222011.
5. Now my company is going to file my L1A visa by next week in normal processing which gives me 240 days. They are also planning to file my H1B in April 2012 so that I can work again in US in Oct2012 in case L1A gets rejected.
7. Another company is interested in filing my H1B in April 2012. If my L1A gets rejected in July 2012 and my H1B gets Approved from other company, Can I stay in US based on my I94 expiry date and start working for other company since Oct 2012? Also what if my H1B gets Approved with my original company?
8. If I join other company in Oct 2012 , how many years I am getting in US. Note that my 5 years on L1B status already getting over.
What is beneficial in this situation?
Please respond , Thanks
5. 240 days are given after I-94 has expired. As your I-94 is valid until July 15, 2013, 240 day period will start from that date (if L-1 is still pending at that time)
7. I am not sure. Generally one can continue to stay in US while COS is pending and I-94 is also valid, but one cannot work as L-1 petition has expired. However, in the example you mentioned H-1 would have been approved for a future date. So I am not sure if you can continue to stay in US until that future date. Check w/ an attorney
8. Total time that can be spent on H+L visa is 6 years. Only the time spent within US is counted. You will get H-1 for the remaining term.
Thanks Saurabh for your reply.
Suppose my L1A gets approved in this scenario in June 2012. And Company B had filed my H1B in April 2012 and that gets approved by May 2012. Now , can Company B file for my GC Labor process and get it approved before I start working for them on 1st Oct 2012. This way, once my Labor is approved..My H1B could be extended by 3 years..please explain how this would work.
It may or may not work out, especially you will already be in your 6th year by the time H-1 kicks-in. Besides, lot of companies do not apply for GC immediately. They tend to monitor your performance for at least 6 months before filing the GC. If a company files GC for you, even before you have worked for them, USCIS/DOL can question back why did they find you worthy of GC. Also, you are relying on labor getting approved within a preferred time frame, which may not happen.
As you are so close to your 6 year limit, it’s best to talk to an immigration lawyer.
Saurabh,
Here is the company’s plan for me.
1. they will start with GC process , Labor & I140 approval before I join them. They are saying this can be done for future employment.
2. once my L1A gets approved , they will file my H1B and in Oct 2012 they will file COS with 3 years extension as my I140 is approved.
Please comment if it sounds possible. Please note that the company is really interested in me and hence planning for GC well in advance.
Thanks,
Mukund.
Usually USCIS wants to know why the employer is filing GC for you (even though it is for future employment). To show this, lots of companies want you to be employed for at least 6 months to 1 year before filing the GC. If your employer thinks they can file the GC even before you join them and can respond to any questions USCIS will ask about the above point, then the plan may work out.
Thanks Saurabh..keeping my fingers crossed !!
Hi Saurabh,
I am planning to apply EAD and request you to help me on the below queries :
1. Is it better to apply EAD thru online or by post to process EAD quickly? I heard the processing time is 3 months, but is there any possibility to speed up?
2. Also, my employer is planning to apply H1B in 2012. In this case, if employer files H1B during april 2012, and say, it gets approved by Aug 2012, should I need to stop working thru EAD in August and resume the work only in October thru H1 ?. Please advise.
Thanks much.
1. I don’t know the advantages of one over the other. I know one can request to expedite OPT processing and get EAD card early, but I don’t know if same is applicable to L-2 based EAD as well. BTW, are you on L-2 or F-1?
2. You can continue working on EAD provided it is still valid. If H-1 is approved w/ COS, then it will kick-in on Oct 1, 2012 (most of the time this is the date unless a later date is requested). That date onwards you will be on H-1 and need to stop working on EAD; instead work on H-1.
Hi Saurav,
I have below situation:
1. I came on L1B to US in Oct 2006.
2. I got my L1 extension in Sept 2009 and got my Visa stamped in India.
3. I came back again to US with L1B extension and my visa expires on 19th Jan 2012. My I94 expiry date is 15 July 2013.
4. My company had started doing H1 B filing but they missed the date and H1B CAP got reached on 11222011.
5. Now my company is going to file my L1A visa by next week in normal processing which gives me 240 days. They are also planning to file my H1B in April 2012 so that I can work again in US in Oct2012 in case L1A gets rejected.
7. Another company is interested in filing my H1B in April 2012. If my L1A gets rejected in July 2012 and my H1B gets Approved from other company, Can I stay in US based on my I94 expiry date and start working for other company since Oct 2012? Also what if my H1B gets Approved with my original company?
8. If I join other company in Oct 2012 , how many years I am getting in US. Note that my 5 years on L1B status already getting over.
What is beneficial in this situation?
Hi Saurabh,
Thanks for your great services and prompt responses!!
I came to USA in June 2008 on L1a and worked for employer A till mid Nov 2011. I got my H1b now with employer B(full time permanent job) and its a renowned company but they said they would file my GC after 6 months of joining. I have started working with employer B from 30 Nov 2011. I am planning a trip to India next year and would get my H1b stamping done. I have got h1b till June 2014.My question is-
1. What are the chances of my Visa rejection as I am working full time with an American company?
2. As on June 2012 I would complete my 4 years stay in USA…and would be left with 2 yeras more in total so if my employer would file a GC after 6 months of my joining i.e. in June 2012, would I be able to reach a stage where I can file for my H1 extension every year?
3. Till how many years I can take 1 year H1 extension and Is it 1 year extension only or 3 year extension USCIS gives?
I would appreciate your invaluable advice.
Thanks,
Shona
1. It’s much safer to go for stamping through renowned company than consulting company. But then there is always that small chance of running into issues
2. You can file for 7th year extension if your LCA has been approved or has been pending for 12 months. If your GC process starts at the end of 4th year, then I think you will be able to apply for subsequent extensions.
3. Three year extensions can be filed once your I-140 gets approved.
Hello Sourabh,
Could you please assist me to answer below query I have:
I have my L1 visa which is going to expire on 20th December 2011. I am planning to travel US on 11th December. Once I get my I-94 there I want to process my wife’s L2 Visa. Considering the fact that my visa is going to expire on 20th December, will it be a problem to apply dependent visa after that.
Thanks,
Srikanth
If you enter US on Dec 11 w/ L-1 petition expiring on Dec 20, you will receive I-94 until Dec 20. Your employer will have to immediately file for L-1 extension to continue to stay and work in US. If your wife is still in home country, then she should get her L-2 processed only after your L-1 has been extended.
Thanks Saurabh for your quick response.
As this is the 1st time I am going to US, I should get I-94 with 3years extension as per my Attorney. Can’t I apply my wife’s visa on the basis of I-94 validity?
Please let me know.
Thanks,
Shrikath
You will get I-94 based on your L-1 petition expiring. One can expect 3 years on I-94 only if they enter US soon after petition is approved (as then petition would still be active for another 3 years).
If your L-1 petition is expiring on Dec 20, you can also be asked why you are entering now when your petition is expiring in another 10 days.
For dependent visa, you need to have an active L-1 petition. One cannot apply L-2 visa on the basis of I-94 (which again in this case would expire along w/ L-1 petition or may be 10 days later).