Hi
I have a few doubts regarding my non-immigration status and it would be a great help if you could please clarify the same for me.
I am on L1B visa. It was approved on Feb 2005 valid till Feb 2010. In between I went for vacations to India and as of today we have a petition pending with USCIS filed on July 26th to get extension for stay in US till September 24th,2010. This is for the time I was outside the USA. Meanwhile my company also filed for an H1B on April 1st,2010 the result of which is still pending. My wife joined me on L2 from May 2008 and since she is dependent on me her petition for L2 extension would also be valid upto Sept 24th,2010 (provided its approved).
Following are my queries.
1) As of September 24th,2010, suppose I do not hear any final word on my pending H1B, am I allowed to stay in the country or do I leave?Incase I can stay,can my wife stay along with me?
2) Suppose we cannot stay, I have plans to do a course in an University in either Sunnyvale or Alameda who are willing to provide I-20.If I change my status to F1 as of September 24th, do I need to leave the country? Can I go from L1 to F1 with a pending H1B petition in my name?
3) Incase I get F1, will my spouse be automatically F2?
4) If I am unable to get F1, can my spouse try for F1 and then can I get F2 automatically?
5) Meanwhile, my spouse's ex-employer (she worked from Feb 09- to Feb 10) is planning to file a H1B for her.Suppose the result of her H1B is not known before September 24th,2010, do we have to leave the country?
6) And finally, if my wife files for H1B from L2 status, and then while its pending can she get an I-20 and change status to F1?Would she or I need to leave country for this purpose?.
I apologize for the so many complicated questions. I would really appreciate your input on the above.
I have a few doubts regarding my non-immigration status and it would be a great help if you could please clarify the same for me.
I am on L1B visa. It was approved on Feb 2005 valid till Feb 2010. In between I went for vacations to India and as of today we have a petition pending with USCIS filed on July 26th to get extension for stay in US till September 24th,2010. This is for the time I was outside the USA. Meanwhile my company also filed for an H1B on April 1st,2010 the result of which is still pending. My wife joined me on L2 from May 2008 and since she is dependent on me her petition for L2 extension would also be valid upto Sept 24th,2010 (provided its approved).
Following are my queries.
1) As of September 24th,2010, suppose I do not hear any final word on my pending H1B, am I allowed to stay in the country or do I leave?Incase I can stay,can my wife stay along with me?
2) Suppose we cannot stay, I have plans to do a course in an University in either Sunnyvale or Alameda who are willing to provide I-20.If I change my status to F1 as of September 24th, do I need to leave the country? Can I go from L1 to F1 with a pending H1B petition in my name?
3) Incase I get F1, will my spouse be automatically F2?
4) If I am unable to get F1, can my spouse try for F1 and then can I get F2 automatically?
5) Meanwhile, my spouse's ex-employer (she worked from Feb 09- to Feb 10) is planning to file a H1B for her.Suppose the result of her H1B is not known before September 24th,2010, do we have to leave the country?
6) And finally, if my wife files for H1B from L2 status, and then while its pending can she get an I-20 and change status to F1?Would she or I need to leave country for this purpose?.
I apologize for the so many complicated questions. I would really appreciate your input on the above.