L1 expires in June'13,want to file fresh H1b in April'13.

USA H1B Visa
1

My L1 based I-94 would expire on June 25, 2013. If my file H1-B in April 2013 quota, I would be eligible to start working only from October 1st. I want to work will my L1 employer till Jun’2013. And To cover my stay in the US from Jun 26 to September 30, I intend to go on H4 (my husband is on H1-B) as I do not want to go out of status for those 3 months.

Please let me know what will be the process of filing my H1B, should the sponsor apply it as Change of Status(COS)? Will it be approved as when filed my I-94 would show June 25’2013 and USCIS may raise further query on it asking how I will be legally staying in US for those 3 months? IF query raised, then can I send USCIS the H4 approval note to resolve the query. Also as when filed I was on L1 but if H1 not got approved by June’13, then I am on H4. So do we need to do a amendment on change of status saying L1 -> H1 now need to become H4->H1? What kind of complication do you see in the process?

2

This may be complex, so its better to consult an attorney as there are lot of moving pieces.

At a high level, you can file COS from L-1 to H-4 w/ start date of Jun 2013. Also, apply H-1 w/ COS from L-1 to H-1 (as your status will still be L-1 in April). If H-4 gets approved followed by H-1, then your eventual status will be H-1 from its COS effective date.

Yes, you can submit H-4 approval notice if query is raised regarding your I-94 coverage.