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Better way to bridge the gap (4 months) between L1 and H1

Houston, TX |

Hi,

My wife is presently on L1A visa and has valid I94 till Nov-2013, this year we applied H1 for her and petition got approved in May, she can start working on H1B from Oct-2012.
Due to personal reasons she needs to resign her present job (L1) by end of May.

I'm on H1 visa and has valid I94 till June-2014.

What is the best option to bridge this 4 months gap without leaving country (She is 4 months pregnant now) and messing up her H1 status?

She has already job on-hand on H1 visa from 1st Oct,2012, so we don't want to mess her H1 status at any cost.

Thanks
Srini

I came to know that H4 COS approvals taking more time in some cases. What if it takes till Oct to get COS approval? I'm little bit worried that H4 precedes H1 status in that case.

Attorney Answers 3

Posted

She can file a change of status application to H-4 as a spouse of H-1.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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7 comments

Asker

Posted

Thanks for your advice, I came to know that H1 COS approvals taking more time in some cases. What if it takes till Oct to get COS approval? I'm little bit worried that H4 precedes H1 status in that case.

Asker

Posted

Thanks for your advice, I came to know that H4 COS approvals taking more time in some cases. What if it takes till Oct to get COS approval? I'm little bit worried that H4 precedes H1 status in that case.

Gen Kimura

Gen Kimura

Posted

You can file h4 cos asap. If the h4 cos is not approved by August. You can file a premium process request.

Asker

Posted

Can we apply H4 COS (I-539) in premium processing? I came to know that there is no premium processing for I-539 form.

Gen Kimura

Gen Kimura

Posted

I am sorry I was wrong. There is no premium process.

Asker

Posted

Thanks...going back to my original question.... What if it takes till Oct to get COS approval? I'm little bit worried that H4 precedes H1 status in that case

Gen Kimura

Gen Kimura

Posted

That's problematic. She becomes H-1, and then become H-4. If this happen, her H-1 becomes invalid. You can file H-4 and withdraw before 10/1/2012. In this case, she has to do a consular process.

Posted

H-4

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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2 comments

Asker

Posted

Thanks for your advice, I came to know that H1 COS approvals taking more time in some cases. What if it takes till Oct to get COS approval? I'm little bit worried that H4 precedes H1 status in that case.

Asker

Posted

Thanks for your advice, I came to know that H4 COS approvals taking more time in some cases. What if it takes till Oct to get COS approval? I'm little bit worried that H4 precedes H1 status in that case.

Posted

I agree with my colleagues--she should apply for an H-4 visa. I have included a link to the appropriate documents that you might need.

I hope this helps.

This response is provided for informational purposes only. It is not legal advice and does not create an attorney-client relationship. Questions and answers posted to this forum are public and cannot be kept confidential. Although admitted in DC, I currently reside in Texas and I am authorized to practice U.S. immigration law worldwide..

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