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What happens if my H1-B is not approved before Oct 1, 2013 ? Should I upgrade to premium & when?

Newark, NJ |

My L2 EAD & I-94 expiring on Mar 28, 2014.

H1-B is selected in lottery and still in "Initial Review".

My spouse is moving to H1-B (from L1-B) effective Oct 1, 2013. What happens if my H1-B is not approved before Oct 1, 2013?

Attorney Answers 5

  1. Best answer

    Suggest you wait till September. If your H1 is still pending, convert to premium processing and get the case approved. Dont see why you should spend 1225 right now when you still have time and the case may be approved without the additional $$.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

  2. You just can't start working on H-1B status until the H-1B petition is approved. You can bump to premium, however, you can keep working on your EAD under the L2 until your H-1B is approved. If you are planning on traveling and want to go ahead and get the H-1B visa stamped on your passport then you may want to seriously considering bumping your case up to premium processing.

  3. You should then file to change to H4.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

  4. You cannot do anything. Your employer can. You should talk to the employer's immigration attorney and pose all these questions there.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  5. You should upgrade to premium processing so that you have an answer before October 1st. You may want to discuss this with your employer to see if given the circumstances, they will cover the costs of upgrading the petition.

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