l1b- l1 A conversion got denied but H1 COS approved with new I-94

PD83 · October 16, 2013, 10:24pm

My L1b with I-94 got expired on Jun-1-2013. COmpany files L1b-L1 conversion got RFE and at last on sep-26,2013 it got denied. I left USA on OCt,11,2013, however on Oct,8,2013 my h1 b COS (L1b to H1b) which was done through another consultancy got approved with new I-94. MY husband is in USA who L1b Visa is expired by I-94 is valid till feb,2015. Currently I am in INdia , below are my questions

1&gt; Can go for L2 stamping as my husband is in USA on L1b ... and then later do COS for H1. If I come to USA on L2 will my H1b get invalid ?  

2&gt; SInce my H1b cos is approved with new I-94 date am I out of H1B Cap forever ?

3&gt; Since my H1B holding company is a  small consultancy company shall I go for H1b stamping ? Will it be safe ?

Please suggest I should go for L2 or H1 b?

Saurabh · October 18, 2013, 8:26pm

You can do this. Entering US on L-2, doesn’t invalidate the previously approved H-1 petition. Your status becomes L-2, which can then be changed to H-1 using COS.
You are cap-exempt for next 6 years (and not forever)
It is subjective. Talk to your employer and their attorney. If there are others from the company who attended the stamping recently, then their experience also helps.

PD83 · October 31, 2013, 1:55pm

Thanks Saurabh. I have scheduled my L2 in next week but my husband had filed H1b with consular processing so that he can activate H1 when ever he want . However his H1b has come with new i-94 date on Oct,23,2013 valid till sep-1-2016.
I belive his COS from L1 to H1 is done. My L2 PA is on OCT,14,2013. He will continue to work on L1b so that I can join him on l2.

My question is … will there is be any problem while my L2 PA in India. Is it ok to go for L2 stamping? Please suggest .
My L2 PA date was scheduled before my husband’s new I-94 came.

2> Will COnsulate have my husband’s visa H1 status or they will have his current status as L1 as he is continuing to work on L1?