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,
I have a curious question. I have seen cases of different people on L1B Blanket visas getting different dates of I-94 when they return back from vacations from India.
Eg : X and Y working for the same company have L1B valid till June 2012. (Both entered US almost same time initially). When X travels to India for vacation and returns back he gets I-94 date 3 years later from the date he arrived recently, whereas Y gets the date which was originally given i.e the expiry date of his visa.
Now X is able to stay as long as his I-94 is valid as L1 visa is blanket whereas Y needs to travel back by June 2012.
Why did these guys get different I -94 dates.
Is there anything specific thing they see while giving the I-94 dates during immigration ?
XYZ,
In general for L-1 blanket, a person is usually given I-94 for 3 years when returning to US. Do you know if the other person (who got it for shorter duration) was reaching his/her 5 year cap by that date? If not, talk to your immigration lawyer if the information (i.e. I-94) can be sent to local USCIS office to get it corrected.
Thanks for the reply Saurabh.
To answer your question – No the other person is not nearing his 5 year cap till that date. Both of them travelled at the same time intially to US and had the visa valid for the same duration.
So should it always be the case that you should get the I-94 date 3years (or till the period your completing your 5 years cap on L1B ) while you travel to India and re-enter US ?
XYZ,
Usually that’s what given at PoE, but they can also issue I-94 until 797 expiration date. The person will have to check w/ attorney if it can be corrected in second case to get 3 years validity. As it is not a rule, USCIS may or may not agree to it.
Thanks Saurabh.
So its basically at the discretion of the officer at the PoE. Is it a good idea to ask at the PoE itself on the date given if such an incident occurs with anyone ?
XYZ,
Yes, one can request but should not push the envelope too far.
Hi Saurah, I am working on L1B visa and from May 2012 will be working on EAD with Company A. Suppose ff I file H1 in 2012 with some other employer (Company B).
1: Is it mandatory that I need to working with Company B starting Oct 2012 ?
2: Can I continue with EAD with current employer after Oct 2012? Is it legal ?
Prakash,
Yes, if H-1 gets approved w/ COS you need to start working for B from COS approval date (typically Oct 1). If approved w/o COS, then you can continue working for A on EAD.
Hi Saurabh,
I am working on L1-B. My wife plans to apply for EAD. If and when her EAD is approved and she starts working, can she stay (and work) in the US while i go back to India for a break? Or will she necessarily need to go out of the US whenever i do?
Thanks in advance!
Rahul,
This is a gray area. The rules do not allow one to park their families in US. So if you travel to India for vacation w/ intent to return back in few weeks, then she can continue to stay and work on EAD. However, if you leave for a long term break (say >1 month) then if she stays behind, it will be considered as parking. However, it is pretty difficult for USCIS to know if you really parked the family in US, or did you leave US w/ intent of returning back soon and then it got extended.
Hi Saurabh – I have an L1-B with my current employer. My wife has applied for H1-B with her employer but it is unlikely to go through. In any case, we want to see if L2 can be filed for her through my employer. The question is – Can she apply for L2 while there is already a petition for H1? If yes, will it hinder the chances of her H1 approval?
Rahul,
I assume she is not in US at the moment. Yes, she can appear for L-2 visa stamp and H-1 can continue to process in parallel.
Hi Saurabh
I am on H1 b and it has been issued recently. My husband is on L1 since 5 yrs. He completes 6 yrs by Jan 2013. Is there any way, he can get his H1?
Subha,
He needs to get H-1 ASAP and then file for GC soon after joining the new employer. But I don’t think it will allow him the 7th year extension and he may have to leave US for 1 year in order to reset the clock and return to work on H-1.
I am working for company A in India. I am planning to shift to my company’s head quarters in USA. L1 seems better as i need not wait till October and my wife can work with L2. But i am confused as many people think H1B is better. Which visa is good for me? What are the disadvantages in L1 compared to H1B?
Jay,
On L-1, you can stay for maximum 5 years while on H-1 you can stay for 6 years w/ possibility of further extensions (if green card has been filed and reached certain stage). Also, one can change employers on H-1, but not on L-1.
Before that you really need to see whether the position qualifies for L-1 or not. If you are working on employer proprietary tools/application/technology/skillset, which is not known outside the employer then you can go for L-1. Else H-1 is the right visa.
Saurabh,
Congratulations on this great site!!
I have some questions —
I am currently on L1B from company A and is in US. My dependents have L2 visa.
My visa will expire in May 2012 but I have a valid I94 for me and my dependents upto May 2014.
I want to apply H1 for me this year in 2012 from a new Employer ‘B’.
Can you pls help me with information on below questions —
1. If I apply for H1 from ‘B’ company will my current employer ‘A’ come to know abt this.
2. When can I start working on H1 for ‘B’ if the visa gets approved.
3. If my H1 visa gets approved with company ‘B’, but if I am not able to join ‘B’ due to policies of ‘A’, then can I continue working on L1 for the current employer and for how long?
4. What will happen to my dependents visa I want to work on H1 visa?
5. Do I need to go to India for my H1 or can that be done from US?
6. If I don’t join on H1 and keep working on L1 then how do I need to compensate the company who applied for my H1.
7. When I need to take my dependents for visa if my H1 gets approved.
Shaifali,
1. No, they won’t know about it
2. Earliest date is Oct 1 if H-1 gets approved w/ COS by then
3. Not if H-1 is approved w/ COS. If H-1 gets approved w/ COS, then you need to start working on H-1 from Oct 1
4. You will have to file H-4 for your dependents along w/ your H-1.
5. If it is approved w/ COS, then you don’t need to get H-1 visa stamped immediately to start working on H-1
6. Legally, the fees need to be paid by the H-1 employer. However, you will have to look into contract that you may sign w/ them
7. Next time you travel out of US, you will have to get H-1 visa stamped and your dependents will have to go for H-4 visa stamp. As long as they are in US, no stamping is required if H-1/4 gets approved w/ COS.
Hi Saurabh,
Question 1:
I’m currently on L1 thru Company A that expires on Jul 10th 2012 (i94 has the same date) and they will be filling for extension.
If I apply for H1 through Company B in April, when is the earliest I can start working in Company B?
Question 2:
Can I apply for L1 extension thru company A and H1through Company B in parallel?
If yes, will company A get to know about it because of the parallel process?
Thank you so much for answering all the confused souls !!
Niharika,
1. You can start working for them from Oct 1 assuming H-1 gets approved w/ COS by that time.
2. Yes, they can happen in parallel. A would not know about B’s filing. If you want, you can upgrade one to premium processing so that chances of them knowing become even slimmer.
Hi Saurabh,
My wife is working on L1 and I am working on EAD with the same company. The company has decided to file her GC. She will be the primary and I will be considered as dependent. Her L1 is valid for 11 months more. What if the GC has not approved and the L1 visa is over ? If the GC is in process, can she or I can the visa status to H1 ? If I switch to some other company, will the GC be void ? In the process of GC, can we go out of US ?
Thanks.
Prakash,
If the L-1 is expiring, then she should move to H-1. This will allow her to stay and work on H-1 while the GC is processing. She will also be eligible for 7th year extension on GC once her PERM or I-140 have been pending for more than 365 days. While on L-1B, one cannot apply for extensions beyond 5th year. If you move to another company, then you can port the priority date if your I-140 has been approved. Else you lose it as it would still be old employer’s petition.
Hi ,
I am working on L1B since December 2010. My visa and I-94 are valid till Nov 2013.
Now I want to apply for H1B when the quota opens on APR 1st.
But I don’t want to shift to H1B immediately on Oct 1 due to terms with the current employer.
I can only shift to H1B in January 2013.
What should I do in this case ?
If I do not move to new employer on Oct 1st, what will be the consequences.
How it will affect ? Please advise.
Vamshi,
Ask the employer to file H-1 w/o COS. This way your status would remain L-1 even after Oct 1. Later when you are ready to start working on H-1, file the COS to H-1 or go out of country and enter on stamped H-1 visa.
Hi Saurabh – I am currently on L1 and applying for H1 in April and my passport is valid only till Jan2013. Will it be a problem as my passport is valid only till Jan 2013?
Thanks
Kumar
Kumar,
You can start the process of getting H-1. However, I-94 (issued w/ H-1) would be valid only until Jan 2013. To get an extension, you will have to get passport renewed and then get I-94 extended.
Hi saurabh,
I am in US on L1 visa from past 2 years. My visa expired in 2011 but my 1-94 is still valid upto 2013. Thats why I can stay here upto 2013 without going outside US. Now I want to apply for H1B visa without leaving to India.
I asked my current company (in India) to apply for it and start the processing but they said,
it won’t be possible and I have to visit India for that. My query is :
1) Is it true, that without my presence, they can’t file H1B for me?
2) How long do I have to stay in India for that because My wife is 6 month pregnant and her Dr. is not permitting her for air traveling.
3) Is there any other way to get H1B visa without leaving my current company?
Thank you
Rahul
Rahul,
1. As long as you are maintaining legal status in US on L-1, it can filed while you are still in US
2. Based on (1) this question is not applicable
3. If your employer’s policy is to file H-1 only from India, then that’s what you will have to do. The other approach is to have it filed through another employer who is willing to file while you are still in US.
Thanks Saurabh and I really appreciate your help. Just few more doubts.
1) As per your answer (1.), you mean to say that having expired visa but with valid I-94, I am still having legal status and is enough for filing H1B visa.
2) As per ans. (3.), by saying this, that another employer can file my H1B visa, you mean to say that I have to leave my current company and then my new employer will do this for me.
Thanks and Regards,
Rahul
Rahul,
1. The visa stamp is used just to enter US and it can expire while one is in US w/o impacting one’s legal status. The legal status is determined by I-129, 797 and I-94. So yes, visa stamp can expire but as long as I-94 is valid you are in legal status.
2. Your new employer can file for you even while you are working on L-1. You need to join new employer only if H-1 gets approved w/ COS. You will have to work for them from COS approval date. Until then, you can continue working for L-1 employer.
Hi Saurabh,
Heartly congratulations for your wonderful site and help.
My husband is on L1 and I am on L2 EAD. A company is ready to do H1 for me in this April. I have to visit India in June. If till that time i dont get Approval and My Visa status doe not chnage.
My question is
1) would my existing EAD ll be valid and Can i Continue My work as I am doing now.
and If I postpon my trip till Nov and then I visit India then I have to come back and get H1 stamping but If H1 stamping is not done then I need to file L2(whicll will be expired in September’2012) then
2) how much time it will take to get an L2 in India if my husband has valid L1.
3) If I do lots of COS in US, is that bad some way?
4) If my project gets done on H1 in Us , and I dont get project for some time and I change my status again L2 and then after 1 -2 month another company wants to do H1 , can i do that?
Please help me.
Thanks
Neha,
1. You can continue to work on L-2 EAD until Oct 2012. If your H-1 stamping in Nov is denied, you can return on L-2 visa stamp (if still valid in the passport and husband employed on L-1) or else go for L-2 visa stamping.
2. You can just go for L-2 visa stamping and then return to US
3. No, it is not as long as you maintain status
4. You can do that as long as you have been maintaining status. For this, you need to be getting paid continuously on H-1. If you are not getting paid, then COS will not be approved.
Sourabh,
1. In Nov if L1 and L2 is not extended but My husband has L1 (B)(Which is expired) but valid I 94 till 2014, still Can I apply for L2 in India or COS for L2 in US .
Pls guide
Neha,
For COS to L-2 be approved, you need to have been maintaining valid H-1 status (i.e. getting paid) and your husband needs to be maintaining valid L-1 status (which he seems to be doing based on his valid I-94).
Hi Sourabh,
Thanks a lot for helping us. If you belive in God, May god bless u lot.
My husband is on L1 and I am on L2 EAD and working. our L1 , L2 Visa is valid till Nov’2012 and I94 is valid till Dec’2013. I am planning to get H1 from a Company ABC. I have few questions, pls help me.
1) Can My husband stay and work after Nov’2012 without L1 extension as I94 is valid till dec’2013.
2) If My H1 is approved and it will be effective from 1st Oct, but if before 1st October I feel, I want to work on L2 EAD , Is there any way that MY L2 EAD wont get disturbed and I can continue my job on L2 EAD.
3) Company ABC will give me bench period of 4 weeks and then they will revoke H1 . In that case, How much time it will take get L2 EAD again and can i file for L2 and EAD same time or I need to wait for L2 approval and then I can request for EAD.
4)I assume, in Bench period ABC comopany will pay me but if ABC does not pay and I dont get paystubd, How can I manage my H1.
Please help me. Thanks a lot.
Shalini,
1. If he has a blanket L-1, then yes he can stay and work until I-94 expiration date
2. In case of H-1 approval, your L-2 EAD will continue to be valid until Oct 1. So you can work on it
3. L-2 COS will take around 2-3 months to process. However, it will get approved only if you have been maintaining status on H-1, which means getting paid regularly. So if you do not get paid on H-1, then L-2 COS will not get approved.
4. As per the law, you need to get paid all the while when on H-1.
Thanks saurabh,
pls clarify
2) if h1 approved but after oct 1, I want my l2 , can I apply for l2 again on oct 1st itself.
Thanks a lot
Shalini,
If your H-1 is not approved by Oct, then you can continue to work on L2/EAD until Nov 2012. After that you can continue to work if you have received the EAD extension and L-2 extension has been filed along w/ husband’s L-1.
In future, to use L-2, you need to file COS from H-1 to L-2 but only if your husband is still on L-1.
Hi, I will complete my L1(3 yrs+2yrs) term in June’12. I want toapply for H1b in april 2012. Is it possible? or I have to go back to India stay there for an year and then apply?
Kindly advise?
Sharmi,
You will get H-1 for only 1 year as you will hit 6 year clock soon. Also, there may be a problem of staying in US b/w June 2012 and Oct 2012 (last date of L-1 and 1st date of H-1). So it may be prudent to leave US, and then enter on stamped H-1 visa near Oct. If you want to re-set your clock, then you need to stay outside of US for 1 year before applying H-1.
Thank a lot Saurabh. That helps.
Regards,
Sharmi.
Hi Sourav,
I have one more query. Consdering my case above, How can I reset my clock? Do I have to stay one year outside US and then apply for H1b? or I can apply now go back to India in June’12 and enter in June’13?
Thanks for your help in advance.
Regards,
Sharmi.
Sharmi,
To reset the clock you need to do 2 things:
1. Stay outside of US for 1 year
2. File H-1 through cap after satisfying condition #1. You cannot use a previously approved H-1 to skip the cap if you want to reset the clock
Hi,
I am on L1B with Company A. It is going to expire on Sept-6,2012.If Company B is ready to do H1 this year Apr-12 and approved before Sept.
1)Can I still work on L1B for Company A till Sept?
2) My I94 is valid till Dec-2014. So can I stay in US from Sept-6 to Oct 1st before starting to work for Company B?
Rinkesh,
1. No you cannot work on L-1 after Sep 6 unless L-1 extension is filed. If you are on blanket visa, then you can continue to work.
2. Yes, you can stay in US b/w Sep 9 and Oct 1 based on your I-94 validity.
Hi Saurabh,
I am working on L1B visa and later on EAD. Can I file multiples H1 B from multiples employers ? Will there be an issue ?
Prakash,
Yes, multiple employers can file H-1 petitions for you legally.
Hi Saurabh,
First of all – Congratulations for this great site…looks like all Indians living or coming to US are using this 🙂
Can u pls advice me on the following:
1. Im working for Company A on L1. If Company B files for my H1 Now – will company B come to know in any way. Obviously I will resign ONLY after my H1 is approved. Also since I can join only from Oct 1 – so I don’t want my current company to know that I’m looking to change the job. Can you please advice how I can play safe.
2. So I read your comments about with COS and without COS H1B application. Can you please advise us on advantages & disadvantages of both? Which is better?
THANKS!!
**Correction –
1. Im working for Company A on L1. If Company B files for my H1 Now – will company A (my current company) come to know in any way. Obviously I will resign ONLY after my H1 is approved. Also since I can join only from Oct 1 – so I don’t want my current company to know that I’m looking to change the job. Can you please advice how I can play safe.
Shalu,
1. A would not know about B’s petition. USCIS will not contact A about it, and they would not know about it unless someone specifically tells them about it.
2. When filed w/ COS, your status would become H-1 from Oct 1 or actual COS approval date (whichever is later). This way you can start working on H-1 from that date w/o needing to go out of country to get visa stamped. You will still need to go for H-1 visa stamping when you travel out of US next and want to return on H-1 visa. When filed w/o COS, your status would remain L-1 even after Oct 1. You will either have to get H-1 visa stamped in passport from a consulate or file COS at a later stage. If you want to start working on H-1 from Oct 1, then go ahead w/ COS.
hi Saurabh
I have a question on this topic. I am planning to apply H1 B this April and planning for a vacation in june and will be back by July 1 st week. Can i ask my company to file H1 w/o COS and apply when i come back from vacation? If i apply COS to H1B in july, will it be approved in 2 months? i.e before Oct 1’st or do i have any other option?
Kumar,
You can either apply w/o COS and then apply for COS after you return to US and your H-1 has been approved. Or, you can apply H-1 w/ COS and w/ PP so that it gets approved before you leave US. You can then return on L-1, and still be on H-1 from Oct 1.
Thanks Saurabh – Do you know of anyone who took this option (get H1B w/o COS–go for vacation in june-comeback in L1-apply COS to H1B). My Lawyers are saying that i need to get stamped in sep once again if i decide to do this. They are suggesting for PP instead of this and and I am ok with that.
Thanks
Kumar,
I don’t know anyone.
Yes, PP option (2nd option in my previous post) is definitely a better option.
Thanks Saurabh, you are awesome! Best wishes from all of us for the FREE advice you are giving 🙂
I hv 2 more ques please. I’m on L1 from Co. A –
1) Lets say my H1 from Company B gets approved in May w/ COS. Will current company A come to know at that time?
I assume – NO – as you said the actual change from L1 to H1 takes place NOT before Oct 1st.
So if in Oct I’m still working for Co. A will they come to know that my Visa status has changed from L1 to H1? And I can no longer work for Co. A on L1?
2) As you said whenever I have to go out of US and want to return on H1 then I need to go for stamping in India. Is there a chance of problems/denial during H1 Visa stamping even After my H1 petition has been approved w/ COS.
Thanks a lot. And Best Wishes for you.
Shalu,
1. No, they won’t know about it. You cannot work for A in Oct as your COS would have become effective then. You need to start working for B on H-1 from Oct 1.
2. Yes, there is always risk when going for H-1 stamping. Petition approval doesn’t guarantee successful stamping.
Hi,
I am in L1B visa in US with my spouse and baby. My I94 and visa expires on jun 30.
My company wants me apply for H1B since there are lot of RFEs happening in L1B extension.
But they are also concerned if I apply for h1b too early once quota opens then I cant’ work before oct if my h1b is approved.Also, since i94 is expiring on june,they are suggesting that I have to travel back to india for immediate stamping.
To aviod the gap till october
they are planning to go for l1 extension first then followed by h1b(iam not sure whether it is COS).in that case I can go for h1 stamping by sept end , and continue to work from oct. once i retrun from vacation
I am somewhat confused with above process,
1)how far the above approach is legitimate.?
2)When is likely period (month)to go l1 extn and h1 application
3)is there any other alternate solution to work in h1 b after jun(including premium processing), i want to make sure i am going for h1 when quota is still available
Thanks!!!
Manraj,
1. It is legitimate. They can file H-1 w/o COS, and then you can leave US before L-1 expiration date and then return to US after H-1 visa stamping
2. I don’t know why they want to go for L-1 extension. Is H-1 a back-up plan for them? If yes, then they should file L-1 extension now, so that they have enough time to file H-1 in case of L-1 rejection and not get into a situation when quota has got exhausted.
3. H-1 cannot start before Oct 1, so even if filed w/ PP, you would still have to wait until Oct to start working on H-1.
Thanks Saurabh!!
I thnik my employer wants L1 extension as safe plan so that i can stay beyond June after my visa expiry so that I can apply for h1 and go to India by october for stamping (without taking break in work).
My question now
If they apply for l1b extension and H1 application, can I still stay in US when my h1 is approved before october. I know I cant’ start working in h1 before oct. but can i stay in US with l1 extension application even if i get h1 approval around august/september.
If I apply for H1 in May, when will be my likely approval status coming from uscis.
Thanks!!!!
Manraj,
Based on your L-1 extension you can continue to stay and work on L-1. However, in case your L-1 extension gets denied prior to Oct 1, then you will have to leave US as your H-1 will not start until Oct 1.
Under regular processing, H-1 will take 2-6 months to process.
My L1b visa is getting expired this year end. My current employer is filing my H1 in April.
Is there any issue if I travel to India during my H1B process or H1b approval
Deep,
If you want to do that, make sure your H-1 gets approved w/ COS prior to your travel out of US. Then, you can return on L-1 prior to Oct 1, and still be on H-1 from Oct 1. If you leave while H-1 is pending, then your status would remain L-1 after returning to US and will not change to H-1 from Oct 1.
Thanks..Saurabh.
I have one doubt after H1b approval if I will go to india and will come back to US before oct. my I94 date would be change. what would be impact of this.
Deep,
Yes, your I-94 number and date would change. However, USCIS allows a person to travel out of US after COS approval and return before Oct 1 on the same visa and then be on H-1 from Oct 1.
Hi Saurab,
I am currently on L-1 planning to change status to h-1b after COS. Am I eligible to work immediately on H-1b Please advice
Reddy
Reddy,
If you didn’t have approved H-1 in the past, your petition will be subject to cap. This means, you can start working only from Oct 1 even if your petition gets approved earlier.
Hi Saurab,
I am currently on L-1 planning to change status to h-1b after COS. Am I eligible to work immediately on H-1b Please advice
GJ
Hi Saurabh,
I am on L1B visa in US with X company.Can Y company file my Green card with out joining in their company?
Regards,
Kumar
Kumar,
Yes, that is possible.
Thank you Saurabh. Do you know how much time it will take to approve Green card ? I completed 3.5 years in US on L1B.
Regards,
Kumar
Kumar,
It varies upon the EB category and your country of birth. Under EB-2 India it can take 3-4 years (current PD is May 2010), while under EB-3 it can take 10-15 years at least (current PD is Sep 2002).
Hi
Below are my questions:
1) My L1B blanket and Visa Expries on Aug 1st 2102(I94 expries on the same day). My Employer is ready to file the extension. When should I have to start the process for L1b blanket extension?
2) My family is in India now. Can i apply EAD online for my wife? she has SSN
MI,
1. It can be applied at most 6 months in advance
2. I don’t think it can be applied while she is out of US, but I am not sure.
u can apply EAD but she need to be in usa for bio-metric appointment. This appointment will come almost in a month after applying.
Hi Saurabh, I am on L1-blanket and i got an offer from another indian company with the same client. My current company is not ready to do the conversion to H1B till my L1 expiry which is feb 2013. What options do i have now to change the company without going back to India?
Prabhu,
Another employer can file H-1 for you, and then you can start working for them from H-1 approval date. However, you will have see whether you can leave your L-1 employer while in US, and can you work for the client they introduced you to.
I am currently in US on L1B and planning to hunt for a full time job from a H1B sponsor when the slots open in Apr’12. If I find a job who can sponsor by H1B and it gets approved, do I have to wait till Oct ’12 to start working even though I’m here in US.? Or can I start as soon as my H1B gets approved
Raj,
H-1 cannot commence before Oct 1, even if it gets approved earlier. Even then you can work from Oct 1 if it gets approved w/ COS.
Hi Saurabh,
Could you please explain more about “can work from Oct 1 if it gets approved w/ COS” ?
I didnt get it. So regardless of when the visa is approved, I can start working only from Oct 1?
Raj,
You are already in US on L-1 visa status. So 2 things need to happen
– H-1 needs to get approved
– Visa status in US needs to change to H-1 (this is COS – change of status)
Effective date of H-1 will be Oct 1 and cannot be prior to that. In addition, you can start working on H-1 (w/o needing to get H-1 visa stamped in passport) only if it is approved w/ COS.
Does that clarify?
Thanks Saurabh for your detailed inputs..
Got it — COS is Change of Status.
Sorry about my ignorance but I’m not clear yet.Do I have to wait for Oct 1 to change my employer even if the approval is before that while in US? Since the i-94 that I have for my L1B gets expired only in 2013, it doesn’t affect my ability to work on H1B?
“In addition, you can start working on H-1 (w/o needing to get H-1 visa stamped in passport) only if it is approved w/ COS.”
Is the above statement not valid for students who are on OPT and have F1 visa ? I see my friends on OPT without getting a H1B working with F1 visa
Raj,
Once your H-1 is approved, another employer can file cap-exempt petition for you, but it’s start date will also be Oct 1.
If your H-1 is approved w/ COS, your status would be H-1 from COS approval date (typically Oct 1), and you will have to work on H-1 from that date. This is true irrespective of whether your curent status is F-1 or H-4 or L-1.
Hi Sourabh,
Is there any way to get a copy of RFE, if employer is not issuing it to me.
I got RFE and it’s been more than 45 days, my employer is not responding to RFE.
1) How can I trace exact cause behind RFE ?
2) Is it true USCIS gives 60 days to respond RFE
3) Normally how many days it takes after responding RFE, as I got RFE after more than4 months, we filled H1b.
4)Can they issue another RFE, if employer respond it before last date to respond ?
Thanks
Rihan,
1. Only employer/attorney can provide you that information
2. Usually it’s 60 days but actual time allowed will be mentioned in the RFE notice
3. They may take 2-6 months to process RFE response
4. In some cases they can issue a 2nd RFE, but it will not be due to delay in responding to 1st RFE but b/c they found out that they need more information to process the petition.
Hello Saurabh,
I am on L1B visa and it expired on Aug 2011, I have already applied for an extension, for which I got an RFE in oct 2011, its more than 90day since I submitted my response for RFE but the website still shows as its being reviewd. My I-94 is valid till Aug 2013(which is 5 yrs from the first time i recieved my visa). I am not sure what are y options here.
If my extension gets rejected am I still eligible to stay and work till my I-94 date?
If not how soon will I have to leave US once it gets rejected?
Thanks
Rahul
Rahul,
Are you on L-1 blanket or individual? I am guessing it’s Individual. Once your L-1 extension is denied, you should leave US ASAP and not continue to work until I-94 expiration date. Legally, one should leave US ASAP, but 1-2 weeks delay can be argued in future w/ USCIS (selling stuff etc).
Hello Saurabh I am on L1 Blanket, doe sthat change your response?
Rahul,
Usually on L-1 blanket one is good enough to stay and work until I-94 expiration date, and that is why lot of employers don’t file L-1 extension if I-94 is still valid. However, your petition was filed and denied, so I don’t know if you can continue to stay until I-94 expiration date or not.
Hi,
Currently we are on L1B Visa.Its going to expire on May 4th 2012.We will be applying for L1a Visa .I had a question can we apply for our to be born childs visa on the basis of extension reciept with our I94 expired???
Pallavi,
If the new child is born in US, wouldn’t s/he be a US citizen? Why would you need a visa then for the child? May be I didn’t get the question.
He will be a US citizen but what if our L1b visa gets rejected,how will the baby travel to India??
Pallavi,
Assuming your L-1 gets denied and you and/or child cannot travel due to medical reasons, you can request USCIS to change your status to B-1/2 so that you can leave US when your kid is big enough for travel. For this to be approved, your current I-94 needs to be valid, which is not the case. But I don’t think they will ask you to leave US even if it is medically unsafe. You can submit a letter from your doctor/hospital as well advising against any air travel. When is your I-94 expiring or has it already expired?
after i94 expiry if ur visa approved you can apply for pio card if rejected you can apply for entry visa and get pio card in india
My husband holder an L1 visa for 6 year and is expire in april, and the company afilite in our country is closed, what can we do? we were appliying for the green card but their request the evidence…
Ana,
I don’t know of any other options you have. You should consult an immigration lawyer.
I am asking u in case we get a denial of our l1b visa,what are the options for my baby to travel back to India???Me and my husband are Indian citizens.
Pallavi,
You can register you child at Indian embassy and get a Indian passport for your child, the child can decide if wants to be Indian or US citizen when turns 18.
Hi Saurabh,
I have been working on L1 B for 4 years now and it is going to end in next year Jun. If I apply for H1 this year and let’s say it is approved, then how long will I get H1B for? will I get only 1 year 8 months on H1 (because by October, I will completed 4 years and 4 months.)?
Thank You,
Sandeep
Sandeep,
The maximum you can work on L-1 and H-1 is 6 years. So H-1 would be for 1 year 8 months. In case they do a mistake and issue it for a longer time, do not make use of it once you complete 6 years.
Thank You Saurabh!
Hi,
Here is my situation. I have been working on l1 visa from past one year and company asked me to return back to india by dec last week2011. I took leaves from my company and stayed for 2 months 2012 jan feb with my wife who has her h1b. After around 1 month by feb 6th I applied for a dependent visa i539 to pursue studies which will also enable me to stay with my wife. By march 6th while still on leave I resigned from company.
Q1. My company is asking me to provide details about the dependent visa so that they can contact visa consulate guys and state that there resource have resigned and moved to dependent visa. Will I get into trouble here? Is it legal to stay on leave while on L1 visa? while on leave I was not paid in us dollars but was getting my Indian salary
Q2. Resignation date 1 week of march is after the application of dependent visa 6th feb will this have any impact on my future H1b prospects?
Kiran,
1. I think you should be fine, as you were in US on legal visa and are now moving to another legal visa status. One member recently posted that it is ok to get paid in India on L-1 visa (he got that information from an attorney). Based on that you did maintain status, and if USCIS determines that you didn’t then your employer will also be in trouble for having such an arrangement.
2. No it won’t. However, check w/ an attorney as well.
Thanks Saurabh.
Hello Saurabh, – Currently I am working in US on L1 visa with my company A. I have recently for married and have field L2(I-539 form for change of status) and EAD(I-765) because my current L1 visa was expiring on May 2012. It is still in process. USCIS has received these forms on 1/23/2012. It will take around 3 months for processing. My wife’s L1 visa is expiring in Feb 2013. I am planning to switch to Company B after EAD approval.
My questions are :
1: Can Company B file my H1B for 2013 and Green Card at the same time ? Will there be any problems with that ?
2: If suppose my H1B got approved in August of 2012, then can I continue to work on EAD till it expires and then work on H1B or I have to work on H1B effective October 2012 ?
3: Looking at the my above case of work visa like L1 then EAD then H1, so will there be any issue for me for Green Card or any processing ?
4: How is the USCIS service center selected ? Is it based on the work location state or when the person is staying
5: What is the max years a person can work in US ? Like I worked 5 years on L1 . Now Can I work 1 year on EAD and later 1 year on H1 ? Is that legal ?
Prakash,
1. They can
2. You can continue to work on EAD until Oct 1, when your H-1 would kick in. This is assuming L-1 visa is maintained by your spouse.
3. I don’t see any issues
4. Work location
5. Only time spent on L-1 and H-1 is counted towards the 6 year limit. Time spent on L-2/EAD is not counted.
Hi Saurabh,
Thanks for helping us for immegiration questions are answered here.
I am working on L2-EAD, my spouse’s project is getting ended in Apr. then he’ll need to join India unit of his company.
Is there any possibility , if I file my H1 in apr in PP and then I can work till oct. on EAD ?
Thanks.
Kiran,
No, you cannot. Once your spouse leaves US, you should also leave w/ him and stop working on L-2 EAD. You can return in Oct to work on H-1 after getting petition approved and visa stamped.
Hi Saurabh,
My L1-H1 COS was effective from 12/17/2011, but my new employer has put a hire date as 1/6/2012 and its appearing in Pay stub as well. Will that be a problem in H1 transfer as there is a gap of around 3 weeks between COS and the Hire date?
Thanks,
P V
PV,
It’s a gray area. Legally, you should have been working for H-1 employer from Dec 17th. In future, if USCIS asks about it you can try to reason w/ USCIS and provide explanation why you ended up working for 3 more weeks. It would be then up to USCIS whether to accept that reason or not.
Are they sure to reject or they can leave ignore it as the duration is less?
Or can I say that I was in vacation during that time [as it was a vacation time during the end of the year]
Thanks,
P V
PV,
Like I said, it’s gray area so they can either ignore it or reject it on its basis. If you were really on vacation, then you can submit that reason which is a valid reason.
Hi
I am in L1B blanket Visa. I have few questions about my dependent employment. I stay in MI state.
1) How and where to apply EAD?
2) What are the documents required for applying EAD?
3) How long will it take to get the EAD?
4) If my wife has SSN and she went to india for vacation, whether can i apply EAD online?
Thanks in advance
Prakash
Prakash,
This article can be a good starting point.
I am currently on L1B and I am planning to get my H1 initiated in the 2012 quota without Change of Status.I found employer who can do it for me.My plan is to Change my status from L1B to H1B after I find job(may be if I find job before Oct 1st,i will apply for Change of status before itslef or change it when i get a job).This ways there is no risk of illegal status on my side.I have L1 visa till 2013.
My questions are:-
1)What is the chance of my H1 getting approved without change of status on first go?
2)What is the form which I need to use for my change of status once I find job,what would be the cost of this with premium processing?
3)Will it be considered as a fresh H1 Visa under this year’s quota if I apply for my Change of status after having a valid H1B(without COS).Or quota has nothing to do with my COS?WHat is the timeline that I have to Change my status?
4)What are the chances of my COS getting approved or denied once I apply for it after finding a job?
Deepak,
1. Your chances of approval will be the same irrespective of whether it is applied w/ COS or w/o COS
2. I-539 and no PP processing is available when just filing COS. However, if you want to do H-1 transfer along w/ COS, then PP is available. PP costs $1225.00
3. Just filing the COS or filing it w/ H-1 transfer will be cap-exempt based on your already approved H-1 petition
4. Will depend upon the employer, the fact whether you maintained L-1 status or not, offered H-1 job etc.
Thanks Saurabh for answering my queries.How many days dies it take for Uscis to approve Change of status I539 application.
Deepak,
Around 2 months just for the I-539.
Hi Saurabh,
Thanks for the gr8 post! Can you please suggest for my below situation?
I came to US first time in Aug-2009 on L1b valid till feb-2013 and working at a client place. My client wants to hire me and process H1 now. (I never had any visa except the current L1b)
1) Now, is it possible to apply for COS now on premium ( and let’s say it get approved) so that I can start working for my new employer from sometime in April this year or I need to wait till 1st Oct 2012 to start working even when it’s approved in this month?
2) If I cannot file for COS now, when is the earliest that I can file for COS from L1b to H1 (Basically I would like to switch to H1 as soon as possible and start working for my new employer)
Thanks,
Sheetal
Sheetal,
1. The employer can file H-1 w/ PP and COS, but it will not become effective until Oct 1. You will be on L-1 until Sep 30 assuming H-1 gets approved w/ COS by then.
2. Earliest start date on H-1 is Oct 1.
Thanks Saurabh!
So my COS will be counted towards the 65000 cap ? IF yes, that means I cannot file for COS now as quota is over for the current year right?
Sheetal,
Your initial H-1 filing will be subject to 65K cap. However, once your H-1 is approved, any subsequent H-1 COS will not be subject to cap. But your initial H-1 cannot start until Oct 1. The new quota is about to open on April 1, and you can apply in that. Also, it’s not the COS that is subject to cap, but the H-1 which is subject to cap.
Does that clarify?
Hi Saurabh
I have a query regarding the time line for filing of L1 extension. What is the lastest date when I can file for the extension before expiry of the current L1. For example : My current L1 expires in Aug 2012, can the extension be filed just two weeks before expiry. I am asking this because my employer will also be filing for H1 in April. So I want to time the L1 extension in such a way that my L1 extension decision is pending approval until 1st october. This will allow me to stay on H1 from 1st october and withdraw the L1 extension petition.
Thanks
Satish
Satish,
It can be filed as long as your current L-1 and I-94 are valid. So 2 week margin should also be fine.
Thanks Saurabh
Hi Saurabh
Thanks for your reply. Appreciate if you can help me with the following questions.
1. My current L1 is expiring on 24thAug 2012. Can I continue to stay and work here after 24th aug with L1 extension decision pending with USCIS?
2. If my H1 gets approved, then can I start working on H1 from 1st october or do I need to go to India for stamping?
Regards
Satish
Satish,
1. Yes, you can do that. One can continue to stay and work at most 240 days after I-94 expiration date based on pending L-1 extension.
2. If it gets approved w/ COS, then you can start working on H-1 from Oct 1. Else you will have to get H-1 visa stamped or file for COS.
I dont totally agree to this. L1B extensions are encouraged to be applied atleast 6 months in advance. If you are delaying the extension , you will not have proper answer to say when your extension is denied in the neck of the moment. The idea of delaying deliberately itself goes against the law.
Hi saurabh,
what is your take on this?
Is it necessary to file for l1 extension before 6 months?
Also if i am waiting on l1 extension decision and oct 1 comes and my COS is approved will the period between end of l1 and start of COS ie oct1 when i am waiting for decision be rendered illegal?
please suggest me options for continue staying & working in US and also switching to h1 asap as l1’s are getting riskier nowadays.
Regards
Satish
Satish,
It is not necessary to file 6 months in advance, and I don’t know of any rule which says it is invalid to file 2 weeks in advance.
It won’t be considered illegal as you would have been in US on basis of pending L-1 extension.
Thanks for quick reply saurabh.
so applying for h1 with cos now and also for l1 extension prior to few weeks/months and hoping that l1 extension decision does not comes before oct 1 will be a safe option right?
Regards
Satish
Satish,
IMO, yes. You can talk to your H-1 attorney about it as well.
Hi Saurabh,
Thanks for your reply.
My company says that as my L1 is expiring in August So H1 cannot be applied with COS.
Is that true can we not apply for COS along with H1 now even though i am planning to apply for l1 extension to avoid going to India for stamping.
please advice.
Satish,
Your company has valid concerns. USCIS may decide not to approve COS unless L-1 extension gets approved there by providing you continuity of I-94 from L-1 expiration date to Oct 1.
Can you request them to at least apply w/ COS and if USCIS sees concerns they can approve it w/o COS. At that point you can decide whether to get H-1 visa stamped or continue working on L-1.
Thanks Saurabh. If H1 is now not filed with COS then when can the COS be filed?
Satish,
IMO, it can be filed after the petition has been approved. However, someone posted an attorney’s response recently stating that COS cannot be filed once the original petition has been approved w/o COS. You will have to check w/ your attorney.
Hello Saurabh,
Currently am on L1B blanket which is going to expire in October, 2012. The below questions are lingering in my mind, kindly answer.
(a) I want to switch to H1B, when should I start the process ?
(b) If got H1B I can work only from October, what if my current employer knows about this and sends me back to india. Can I still come back to US ? or do I need to reapply H1B ?
(c) After getting H1B, can I still go to India for a vacation ? If yes do I need to do any stamping from india ?
Regards,
Shyam.
Shyam,
1. Here is an article that addresses this question
2. You will have to get H-1 visa stamped in home country and then return around Oct 1 to start working on H-1.
3. Yes, you can travel out of US. Are you referring to travel prior to Oct 1 or after?
Am planning my travel prior to Oct 1
Shyam,
Make sure you travel to US after your H-1 has been approved, so that you can return to US on L-1 (assuming you are not fired from L-1 job) and then be on H-1 from Oct 1 (based on COS approval). If you leave US prior to H-1 approval, then COS would be abandoned and it will not automatically switch to H-1 on Oct 1. So you will have to get H-1 visa stamped or enter on L-1 and then file for COS to H-1.
HI,
i have my H1b interview on MAr-20-12.My name mis spelled in VISA appointment letter.LOKESHWARA instead of LOKESWARA.I contacted my imigration team for the same and they updated me that its not a pblm and asked me to continue with the same interview letter.please update me if it causes any pblm…
Lokesh,
I don’t think it will be a big issue as it is a trivial difference.
Hi
My L1 visa is going to expire on 14sep2012. My company is going to apply H1b for me.But I heard that I can start working from Oct 1st with H1. In that case I will be out of status bet 15Sep to 30Sep 2012. What should I do to prevent this? Please suggest me.
Vinoth,
Yes, there would be a break b/w Sep 14 and Oct 1. When a new H-1 is filed, one is allowed to enter US as early as Sep 20 (10 days prior to H-1 start date). So I think it’s an issue for dates b/w Sep 14 and Sep 20. You can talk to employer whether it is too small a gap and can be ignored, or if something else needs to be done (like L-1 extension).
Hi,
First of all, thanks for providing scuh valuable information. I have a different case and need your opinion. I am here in US for close to 7 years on my L1. Now when the visa is going to expire in few months, my visa department realize that I should have not stayed here beyond permissable period of 5 years on L1. My 140 is approved and I was under impression that I got my visa extension beyond 5 year due to my 140 approval. Now I want to ask if can I apply for H1 without going back to India on basis of my 140 approval without falling into H1 qouta requirement?
Hi,
I currently have 4+ years of exp in data warehousing and a B1 visa.
I am looking for a full time opportunity in US . Details of any employer who sponsors H1 for Indian employees are very much appreciated.
Thanks
Hi Saurabh,
I have read your posts and answers in the past also, I really appreciate your well informed replies. I have asked for your suggestions in the past also, and those were really helpful with my immigration needs here in the US.
I have recently started working on L2-EAD status. I have got below queries, appreciate you could provide some advice.
1. My Employer is planning to file for an H1 for me, if I get H1 and suppose in future I do not have any employment for 3-4 months, do I get out of status and will I need to move back to India.
2. If I get H1 by Nov 2012 and it is without COS mwill I be consider as on H1 status immediately.
Rinku M,
1. I am not sure what meant by “not have employment for 3-4 months”. Do you mean that you will not be working on a project for 3-4 months, and will not get paid by the employer? On H-1, one needs to get paid regularly, irrespective of whether they are a billable asset or not. If you are no longer getting paid, then you either need to take that up w/ the employer, or change employers or move to another visa status like L-2 (in your case).
2. No, you won’t. You will be considered on H-1 status from Oct 1 only if H-1 gets approved w/ COS for that date. If your H-1 is approved w/o COS, you can file for COS to H-1 at a later stage and be on H-1 from COS approval date.
Thanks Saurabh.
I meant if for some reason I am not able to get a suitable job, in turn not drawing any salary.
Rinku M,
Actually you will have the job – it will be w/ the employer who has filed the H-1 for you. However, you may not have a project and your employer may decide not to pay you while you are on bench. However, that is not allowed on H-1 – you always need to get paid irrespective of whether you are a billable asset or not.
Very recently i have stated reading these articles..
I Have my I94 for next 2 years.but my L1 visa is getting expired in August my company say’s they will not process my visa extension as i have a valid i94.How safe is this decision.In case of any emergency will i be able to travel, wil they be able to process my extension.
I feel am not safe with I94 even though its a process.Having a kid who is new born
Very recently i have stated reading these articles..
I Have my I94 for next 2 years.but my L1 visa is getting expired in August my company say’s they will not process my visa extension as i have a valid i94.How safe is this decision.In case of any emergency will i be able to travel, wil they be able to process my extension.
I feel am not safe with I94 even though its a process.What are the justification to make my extension rather than staying on I94.
AG,
Are you on L-1 blanket? If yes, then you can continue to stay and work until your I-94 expiration date even after your L-1 I-129 has expired.
Thanks Saurab…Yes am on L1B..Is it ok to do an COS for me now by my company or another company
AG,
Yes, COS can be done to H-1 (if that’s what you are planning to do).
Saurabh – I remember reading one of your threads and you said, H1 COS will be effective from the date it is approved and if you go to India after approval and come back(before oct) in a different Visa, you need to apply for COS to H1 again. Is that still holds true?
Kumar,
There is little correction to this. If one leaves US prior to COS approval and returns to US on a visa other than H-1, then COS needs to be filed again. However, if the person leaves US after COS approval and returns to US on a different visa other than H-1 but before Oct 1, then no COS is needed and the person would be on H-1 from Oct 1.
Thanks Saurabh.
When my company applies for my H1, Can they say COS only effective from Oct 1 and if i leave the country previous to my approval, still they need to apply for COS again ?
Kumar,
Yes, they can file w/ COS w/ start date of Oct 1 (that’s earliest start date).
If you leave US while H-1 is pending, your COS would be considered abandoned. COS is based on I-94 record, which will get closed once you leave US. Once you return back on L-1 (??), you will have to file COS again from L-1 to H-1.
Thanks Saurabh.
I am planning to apply H1 by April 1’st and travel by June 1’st . What is the average approval time for H1B’s?
Thanks
Kumar,
Under regular processing, it can take 2-6 months. With premium processing, it will be adjudicated within 15 calendar days. In case of RFE, it can take longer.
Hi Saurab
I checked with my company.As i have my I94 for 2 more years.They are not ready to extend my l1 extenstion.
My family want to travel this year.L2 Extenstion will be done based on my I94 or Company has to extend my L1 and then apply on my wifes L2
Although L2Visas’ expire in 2012, L2 I-94 is valid till 2013 so my company cannot file I-539 extension Is it correct?
As they say there are chances of L2 or L1 B rejection,they are asking me not to travel.Is it true?
Which is Safer,to do an extension of L1 or Try asking H1 to my company
AG,
You can continue to work on L-1 based on your I-94. However, if you travel outside of US, then you will have to go for L-1 visa stamping which in a way is like L-1 extension. Same holds true for L-2 visa holders. Chances of approval will depend upon whether your job qualifies for L-1 or not. The other option is to go for H-1 visa (through same or different employer).
Did I cover all the questions?
Hi
Thanks for the reply.
My I -94 is going to expire on July 27,2012.
I don’t have any more extensions for my h1 visa.
If I apply for green card in premium process, do
I have time to reach the stage for further 1/3 year extensions.
KarthiMano,
I don’t think you have enough time to apply for 7th year extension, especially if your GC process hasn’t started yet.
Hi
My L1B visa and I94 is going to expire in July 2012.
Whether to go back to India and apply new L1B visa or apply L1B extension from US itself? Which will be the best approach to get stamped?
Thanks in advance
MI,
Your employer will have to make the call whether to file the extension or not. One option is to file for extension and in case it gets denied, then you can return back home and decide whether to file another L-1 from there or not.
Hi Saurabh ,
Thanks for helping us for immegiration questions are answered here.
Right now I applied for h1b visa extension and waiting for petition approval.
Can my spouse go to india without extension petition approval papers, if so other than receipt what other document is needed to onboard flight in US to India.
My petition is expired on 2011 decemeber and applied petition extension and I have receipt for h1b extension. still it is in processing status.
Vikas,
If the H-1 visa stamp has expired in the passport, then she should not travel out of US. She cannot go for stamping until her extension gets approved. Also, to return to US she would need an approved petition from your employer. So make sure she has that in case she has to go for stamping and definitely by the time she returns to US. Upgrade to PP in case you need quicker resolution.