Need your clarification......Urgent

merin1228

Registered Users (C)
Hi,

I came in US on L2 by year 2000 and my wife had L1A visa. I started working with EAD. Recently I got H1 from my employer got effective from Oct 2005 to Feb' 2008.

I heard that L2 got nullified when current Visa got effective.

My question is, if I can able to use the whole time allocated to H1B visas (6 years) or they subtract from that the time I already spent on L2 visa.

I'll appreciate if someone knowledgable in these matters takes the time to answer.
 
Thank you for the reply.

But I have my current I 94 valid till Feb' 2008. As I came on L2 year 2000 and How can I got the I 94 till 2008. Can I stay till 2008 or Do I need to be out by 2006 itself?

Kindly I appreciate your advice on this.
 
Unless your adjustment of status for green card is pending/in process, you have to leave after you complete 6 years.
 
merin1228 said:
Thank you for the reply.

But I have my current I 94 valid till Feb' 2008. As I came on L2 year 2000 and How can I got the I 94 till 2008. Can I stay till 2008 or Do I need to be out by 2006 itself?

Kindly I appreciate your advice on this.
If "current I-94" you are referring to is the one attached to H1 approval notice, I believe it is a mistake on USCIS side, unless your pending GC application (if you have any) meets certain condition.
 
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Thank you for your feed back.

Actually my GC is in process and its in Labor stage. So will that be ok?

Supposing if I get any Pre-Approved labor and if I am at 485 stage, can I able to stay till I get my GC?

Please advice me.
 
LC you are talking about is your own LC, not your spouse's, is that right ?
For beyond 6 years, your LC must be older than 365 days. If you filed LC 365 days or more ago, you are fine. If you got preapproved labor older than 365 days, that works too.
 
Thank you very much for your clarification.

Yes. You are right, thats my own LC but its not 365 days older, it was filed on Nov 2005. I am trying to get one LC which is 365 days older from my employer.

My last question is, I have entered US on July 1 2000 and I got H1 from Oct 1 2005. Please let me know when my H1 got effective, my previous L2 got nullified? But it got valid till Jun 2007.

Also as I entered on July 1 2000 and I need to leave by July 1 2006 right? Though my I 94 valid till Feb 8 2008.

Thanks in advance for your advice.
 
If you filed change of status along with H1 petition, your status changed to H1 on H1 start date. H1 start date must be on H1 approval notice.
L2 "status" gets invalid when your status changed to H1, but you may be able to change back to L2 if primary L1 is still valid. you need to file I539 to change your status to L2 to be in the US after 6 years of L2+H1.
 
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