is L1 I94 valid after H1 approval

[kkarthik]

i came in june 2011 in L1B visa and was given I94 till june 2014. But my L1B petition/visa got expired in Jan 2012 itself. Currently i am staying in I94. My current company has filed a H1B petition now (april 2) with COS and if approved i can start working from OCT 1 2012. I have not filed for H4 for my wife now and my question is -- can my wife stay in US after oct 1 since
she has i94 (based on L1) till june 2014? or she has to change to H4 status when my H1 becomes effective from oct 1 2012?

Please advise

[goomail]

You MUST apply for L2 to H4, otherwise she will be out of status from the effective date on your H1 approval notice. There is no L2 without L1.
When you say "i can start working from OCT 1 2012", are you not working now ?

[goomail]

Also, her L2 to H4 COS petition MUST reach USCIS before your H1 start date.

[kkarthik]

Thank you for your reply!!!
Yes i am currently working. I have also one more doubt based on your reply.. Since i have applied for H1 in this years quota along with a COS from L1 to H1, even though my H1 gets approved (lets say on June 2012) the effective date when this H1 will be applicable can be only from Oct 01 2012 or later right? just wanted to make sure on this...

Also how long does a L2 to H4 process takes ? ( i am asking this because i am trying for H1 for my wife and if it does not work out - i have to file for her H4 as the worst case scenario).. thats why weighing out my options..

Appreciate your reply !!!

Regards

[goomail]

Yes, H1 will be effective from only Oct 1 or later.
L2 to H4 might take 2-3 months.
You just need to make sure that the L2 to H4 COS petition is received by USCIS and the receipt notice gets generated before Oct 1.

[kkarthik]

Thanks a ton for your response !
So if i file a L2-H4 to my wife and get the receipt before oct 1 she can stay in US (after oct 1 till it gets approved) with the receipt number?

The reason why i am asking this is - i want to try H1 for her and go for H4 only at the last minute if nothing works...

[sunny2007]

Is it legal that one can work based on unexpired I-94 though their L1 Expired and not applied for extension ?

I always thought I-94 is just an arrival-departure card and you can stay till that period and if someone's L1 expired , they shouldn't work during that period.

[binoca82]

she has to and MUST change to H4 status when your H1 becomes effective from oct 1 2012. As mentioned earlier by goomail, there is no L2 without L1. When L1 expired, L2 get expired automatically.

[binoca82]

sunny2007, you are wrong. I94 is the validity of your stay and you are allowed to work until it expires. L1 visa/petition is not mandatory to work. In fact, if you are not working and getting paid, you are out of status and it is illegal to stay on L1/H1 without job and salary.