L1 Denied one day before H1 approval

USA H1B Visa
1

Dear Experts, My L1B and I-94 expired on June 9, 2013 (com - A). A filed L1B extension, which got denied on Oct 16. Company B and C filed H1, B’s H1 is in RFE Response Review and C’s H1 approved on Oct 17 (filed with COS but don’t know yet if approved with/wo COS) two questions :

1. B has filed H4 for my wife, which is in Initial Review, L2 already denied on Oct 16. should I file H4 on approved H1 of C (C has not filed for H4)

 

2. I wish to work with B over C, but that H1 is not approved yet. Do I have any options to wait ?

 

your response is much appreciated !! 

 

Sorry to file two H1, that was need of the hour :(
2

  1. As you do not know the outcome of B’s H-1 petition, it may be prudent to have it filed through C as well. In case B’s petition is denied, so will be that H-4.

  2. You can join C (if it has been approved w/ COS). In future, if B’s petition gets approved, you can move over to them and leave C.

3

Thank you so much Dear Saurabh, but is it necessary to file H4 now or should I wait for B’s approval ?
Can my wife use B’s H4 while I’m working with C ? (H4 I-797 approval will be delivered to my home address instead of company add.)

4

When is L-2 I-94 expiring? If it has already expired, then C cannot file COS for her as they need an unexpired I-94 for this. Also, if your C’s petition was approved w/o COS, then you both need to leave US ASAP as your L-1 I-94 has expired.

If yours was approved w/ COS, and she has valid I-94, then C should file the H-4 COS. This is b/c B’s petition is still in process and you don’t know what will happen there. Maybe they will withdraw the petition once you join C (you will have to join C in this case as it has been approved w/ COS).

5

Thanks Saurabh, Yes L2 I-94 also expired on June 9, 2013. L2-ext also denied with me on Oct 16. C only filed my H1 COS (not H4 for her). B filed for H1 for me and H4 for her but in RFE Response Review.

What options we have now ?
B’s H4 will not work (if it show up with COS approved) ?

Is it not possible to file H4 on C’s approved H1 (if approved with COS) and attach L2 denial decision notice, and H4 from B (if shows up in 5-10 days) ?

sorry for asking so many questions

6

B’s H-4 will work only if B’s H-1 is approved. It is unlikely they will approve B H-4 and deny B H-1.

H-4 cannot be filed through C as the current I-94 has expired. COS can be filed only when the I-94 is valid.

7

Thanks a ton for response,
last question :
Is it possible to work on C’s H1 and have B’s H4 for her (if approved) ?
what she need to do if I can not file H4 COS for her ? can I file H4 without COS ? does she not to go for stamping alone ? (she is pregnant- 12 weeks)