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

Asked 9 months ago - 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. Alexander Joseph Segal


    Contributor Level 20


    Lawyers agree

    Answered . 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 www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Samira Recob

    Contributor Level 10


    Lawyers agree


    Answered . 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. Romina Isabel Gomez

    Contributor Level 7


    Lawyers agree

    Answered . 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.

  4. Anu Gupta


    Contributor Level 19


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . 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 www.... more
  5. Stephen D. Berman


    Contributor Level 20


    Lawyers agree

    Answered . 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... more

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