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  #1 (permalink)  
Old 03-11-2013, 05:12 PM
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erpraveen_ec is on a distinguished road
Question L2 to H4 COS

First of all i would like to apprieciate this group for clarifying most of VISA related quries.
Let me explain my Scenario first:
I and my Spouse both are in USA on L1 and L2 VISA(valid till March 2014) respectively, My employer is going to apply L1 to H1 Conversion for me in April 2013.
My spouse has to travel to India in May 2013 urgently and want to come back to USA by end of June 2013.

Question 1: Can she travel back to USA on L2 when my L1 to H1 conversion petition is in process?

Question 2: In case my H1 petition is approved on 1st June 2013 but it will be applicable only from 1st Oct 2013, can my spouse travel back to USA on L2 anytime between 1st June to 1st Oct, my status in this period will be L1, it will be changed to H1 only after 1st Oct 2013.

Thanks in Advance..!!!
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  #2 (permalink)  
Old 03-11-2013, 06:22 PM
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Default

for both qn's answer is Yes and is fine for you spouse to travel.
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  #3 (permalink)  
Old 03-12-2013, 11:52 PM
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erpraveen_ec is on a distinguished road
Default

Thanks for reply....!!!!
I have one more question-
I did not mention in my previos post that my L1 is expired but I94 is valid till March 2014 and L2 VISA is valid till March 2014.
Will my L1 I94 gets affected if L1 to H1 COS gets approved before Oct 2013?
Will approved H1 I94 always be effective from 1st Oct and i can maintain L1 status until 1st oct?
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  #4 (permalink)  
Old 04-04-2013, 09:29 AM
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binoca82 is on a distinguished road
Default

Your status will change to H1 only on the starting date in the H1 approval notice, until then your status will be L1. Your spouse can tarvel using L2 visa as long as your status is L1. When your status chanes to H1, spouse status should be H4. Make sure that you apply her L2 to H4 COS before your H1 becomes effective.
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  #5 (permalink)  
Old 04-04-2013, 11:20 AM
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Oct-10
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India
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Join Date: Jun 2012
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Default To erpraveen_ec

Yours is tricky, I believe since you dont have valid visa, same would be applicable for your visa, if that is expired then re-entering will be an issue. Hopefully you know I94 allows you to work but does not allow you to re-enter once u go out of the country is visa is not valid.

Now a days I have observerd most of the Offshoring comapnies dont renew or extend visa if I-94 is valid under the assumption that the person wont go out of the country and they can milk billing till that point probably this is for not to take cost of visa renewals (cutting corners) however these sought of practises impacts the person in case of emergency travel to home country and how he or she will get back.

I am not an attorney and its my opinion, Please check with attorney,
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  #6 (permalink)  
Old 04-05-2013, 05:48 PM
Junior Member
Priority Date
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Oct-10
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I140 Mailed Date
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05/05/2011
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India
Processing Stage
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I485 Mailed Date
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Join Date: Jun 2012
Posts: 24
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Default clarrification

reading my own statement again, wanted to clarrify and dont want to mislead anyone. Below is my understanding.
Visa is document which allows you to enter the country(US)
Petition is document will allow your to stay and work in the country(US)
I94 is the document which allows you to stay in the country(US)

BUT just with valid only I94 it looks like not legal to earn wages if having a valid petiton or petiton/visa extention in progress

Its a highly grey area, there are debates on this topic if a person having valid I94 till 2014 can work even if his petition is expiring/already expired in 2013 but still can work. Many offshoring companies now a days does not apply for extention till 6 months of the I94 expiry(though petiton expired) but I dont know if its legal, please consult a attorney.
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