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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?

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Attorney answers 5

Best Answer
Posted

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.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

Asker

Posted

Thanks Anu. I will wait until Aug last week and keep everything ready to upgrade the case to premium in September 1st week.

Anu Gupta

Anu Gupta

Posted

Good luck!

Posted

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.

Samira Recob

Samira Recob

Posted

One more important point, assuming your husband's H-1B has already been approved and he is set to start working on H-1B status as of 10/1, then you will want to bump your case up to premium processing so your petition is adjudicated faster. Keep in mind that your L2 EAD is no longer valid as soon as he steps into H-1B status.

Asker

Posted

Thanks Samira. I think based on all the different inputs, I would be inclined to upgrade my case to Premium in Aug last week / Sep 1st week. Hopefully it gets approved prior to that :-)

Samira Recob

Samira Recob

Posted

Good choice! Good luck!

Posted

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.

Posted

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) 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.

Posted

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.

Asker

Posted

Thanks Romina, they mentioned to me that they would not cover the premium fee. So looks like I would have to bear this part and hence I would wait until Aug last week before upgrading it.

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