Can I Apply for H1, visa expired and I-94 will expire in Aug2014

USA H1B Visa
1

Hello,

	Me and My husband wants to apply for H1 visa. below are few details:

	 

	He is working with company ABC and got his L1B in india on DEC 20 2009 but due to some project delay he came USA on 27 sep 2011 which got expired on 20 DEC 2012.  Also his I-94 expired on 20 dec 2012 but before expiring L1 (B) he got I-94 extension till 26 Aug 2014 from the company.

	 

	Now he wants to apply for H1 visa through US based other company (want to switch company) and have some queries:

	 

	1) Can he apply H1 on I-94 status ( 26 Aug 2014 I-94 expiring) 

	2)  Will it be change of status or a fresh visa?

	3) Can I apply for L1-B extension (Before Aug 2014) and new H1-B (Aug 2014) together? 

	4) As extension on L1-B is very tough, what will be your suggestion?

	5) Suppose I have applied for Fresh H1 in Apr 2014 then how do I stay here in USA after I-94 date (27-Aug-14) till H1 working date (01-Oct-2012) ?


 

About me

 

I came USA on 7 Feb 2012 on L2 visa and got my EAD which got expired on DEC 2012.  My I-94 is valid till Feb 2015 but as a dependant I would be legally valid till Aug 2014 (I think so)

 

1.) would I be eligible for filing H1?

2.) Do I need to leave the country on Aug 2014 too as I am on L2 or I can wait till my H1 comes?

 

Please let me know.
2

Husband:

  1. Yes, H1 can be applied.

  2. He can apply for COS but USCIS may raise query asking for proof of I-94 duration until Oct 1. If COS is denied, then he will have to leave US, get H-1 visa stamped (his H-1 petition can still be approved w/o COS) and then return to US after Oct 1.

  3. Yes, this can be done

  4. Your employer will have to make the call of whether to apply for L-1 extension or not

  5. You cannot stay if L-1 extension is not applied or has been denied.

Yourself:

  1. Yes

  2. Same as your husband. If his L-1 and your L-2 extensions are filed, then you both can stay. If they are not applied or are denied, then you have to leave.