currently I am on L2 visa which is getting expired on 19-SEP-2020. (visa and i94 both) along with my spouse L1B visa.
My spouse has H1B petition approved in 2018 in consular processing. Now spouse employer is filing L1B to H1B COS for my spouse.
But not my H4 because it can clash with my pending H1B petition.
My H1B lottery got picked up this year in APR2020.Petition has been filed with COS on June 26th 2020. (L2 to H1B)
Petition has been now upgraded to premium on 17-AUG.
If my H1B petition gets approved in L2 to H1B COS, it will be effective from 1st October. But my current i94 & visa is getting expired on 19-SEP.
Questions:
What will be my status in USA from 20-SEP to 30-SEP ?
How can i keep my status legal and valid for these 11 days 20-SEP to 30-SEP ?
You need to have a bridge petition like B2 to be in status during that time.
You can either leave the country or file for B2 COS, but again this has its own issues as you will not have any response.
I suggest you request your spouse company to delays the H1B COS so that it solves the issues.
Talk to your attorney too…
If we apply for B2 or H4 COS with i539 form with start date as 20-sep and extended until date 30-sep. will that work ?
By applying above i will get receipt number which will keep me in lawful presence in USA for these 11 days.
Starting 1st October, my h1b will cover my status.
B2 or H4 application result will cone after 4-5 months…if that is approved , my legal presence will be captured in records…
But if they reject B2 or H4 COS, what is the impact ?
I am pretty much in the same boat, except that I have I94 valid until next year.
Just curious if applying to premium have worked out in your case? And when did you apply the premium facility…just recently or at the time of filing the H1B with the docs?