L1B to L1A and L2EAD to H1B conversion.Please help

Hi, I am on L1B and my husband is on L2EAD.

My visa is expired but we have valid I-94 with which I can stay max up to Sep 2013 (five years max in USA as per my company). My company is willing to file L1B to L1A conversion and my husband company is ready to file for H1B in up coming cycle. I have following questions -

  1. If L1A petition gets approved then till how long we get petition. Would it be till Sep 2013 or longer ?

  2. In case petition gets approved only till Sep 2013 and I need to go back to India meanwhile, I understand that I need stamping of the same. But how soon I can apply for extension.

  3. Can I apply for extension once I get my main petition approved and I am in US ? (no visa stamping) ?

  4. And if I can apply extension on top of my main petition, Can I go back to India after filing extension and gets approval notice there and gets stamping of extension petition ?

  5. If my husband company’s file H1B without COS or H1B with Cos under premium procession, is it advisable to travel to India or canada for first time stamping. and how soon he can get it stamped from Canada.Is it same July 2013 ?

Many thanks !

1 Like
  1. If the employer requests and USCIS approves, you can get L-1A until 2015 (that is when you will complete 7 years on L-1)

  2. You can apply for extension at most 6 months in advance

  3. Yes, you can but only 6 months in advance

  4. Yes

  5. For first time stamping it is always advisable to go to home country. Stamping can be done at most 90 days in advance

Thank you so much Saurabh !

Could you please advise further on point # 2.

Can my employer request USCIS Conversion & extension together ? Just in case If I was about to get the main petition till Sep 2013 or should I wait to see for how long my petition is getting approved ?