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L1B RFE - H1B Approved, Dependents are still in L2 extension pending.

San Antonio, TX |

My L1B extension from Employer A got RFE, have to replay by November 22. Employer A also applied for L2 extension for dependents , status for dependnets still shows inprogress.

Mean while H1B from employer B has been approved. while applying for H1 Employer B did not apply for COS for dependents.
Employer B is planning to apply L2 to H2 COS for dependents now.
I am joinging H1 employee on November 1st
Will this be a issue I am on H1 and dependents are still on L2.
How soon should I apply for L2 to H4 cos for dependents.

Employer B applied for H1B much before my L1B Expiried, Employer A also applied for L1B and L2 extension before Expiry of L1B and L2. I Got RFE on L1B extension and H1B is got approved but dependents L2 extension status is still showing inprogress.. Questions: 1) Can I move to H1B now or should I reply to L1B RFE and wait for the response? (as per Attorney Glazer, It is very risky to jump from petition to petition while they are pending ). 2)if I reply to L1B RFE and wait for the response what will happend to my H1B, 3)what about dependents status , how soon should I convert them to H4. 4) if I move to H1B , do you think still it will be a problem in future (when I go for stamping or applying for EB Green card), since I moved while L1B petetion in is pending status. 5) Now applying for L2 to H4 COS for dependents, will there a problem? 6) Are my depenents are in status now ? since my status already changed to H1B. How soon should I apply for COS.

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Attorney answers 3

Posted

Discuss the matter with the employers' attorneys who filed the various petitions/applications. It is very risky to jump from petition to petition while they are pending because even if the ultimate non-immigrant status is obtained you could still have problem with accumulation of unauthorized status/employment if you get to the EB green card process in the future.

Answers to questions are for general purposes only and do not establish an attorney-client relationship.

Asker

Posted

do you think if I move to Employer B(H1B) , will that be a problem. I am askign Employer A(L1B) to with draw the petetion. since H1B already approved.

Posted

Your dependents should file for change f staus from L-2 to H-4 and indicate an effective date of November 1 when you intend to join the H1 employer.

Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

Posted

I agree with Ms. Glazer ... jumping around can cause future problems.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

Asker

Posted

Employer B applied for H1B much before my L1B Expiried, Employer A alos applied for L1B and L2 extension before Expiry.My H1 Employer B is applied for COS before my L1B and L2 EXPIRY. I Got RFE on L1B but dependents L2 is still pending. Now L1B got RFE and later H1B got approved. I am concerned about L2 to H4 conversion, because L1b /H1B drives dependents petetions. Now applying for L2 to H4 for dependents, will it go through . do you think still it will be a problem in future. what is the best course of action.

F. J. Capriotti III

F. J. Capriotti III

Posted

You are repeating your question. You really need to talk to an attorney who has copies of all notices/papers before him/her for a good answer.

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