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Can H1B visa be applied based on L2 i-94 dates when at same time primary L1 visa is expiring very soon.

San Ramon, CA |

Hi All , i have tight situation
i am on L2 dependant Visa , expiry data 25th march 2013 AND i-94 till dec 2014.
primary L1 visa exp date 25th march 2013 and i94 25th march 2013 (same as i-94).
Can i apply for H1B visa from United states based on my i-94 date, since for H1B , i can only work from month of october, so question is can i stay in US till month of october since i have valid i94 but my spouse (primary visa holder) doest have i-94 till my date.
Please help

Attorney Answers 1

Posted

Technically yes but this is a mistake. Your I-94 should also be limited to3/25/2013 instead of 12/2014. Your I-94 cant or shouldnt be valid beyond the principal's L-1A/L-1B holder. This may come up when you apply for a change of status (COS) from L-2 to H-1B on April 1 2013, USCIS may issue an RFE-Request for Additional Evidence and ask to see a copy of your spouse's L-1A I-94 and your marriage license to see whether you maintained status. So, facially your I-94 is valid until 12/14 but it can't be since your status is tied to his. Now, if he hasn't met the max 7 years on his L-1A and can get it extended to beyond his I-94 3/25/13 date then you're ok, otherwise I forsee a potential problem. Call or email my office for a consult or chose from fellow competent colleagues on this site. Good luck.

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