Recording Available for Jan 31 Conference Call

[tommy09]

L1,L2 EAD and H1-B visa Queries Urgent Please help !!!

Hello Rajiv,
I have a L1-B from company A and I am now working in USA for company A on L1-B visa.My wife has a L2 Visa and got her EAD and is now working.I am on L1-B visa since June 2003 and has travelled to India several times during this period .Company A will not sponsor my GC.My L1-B visa is expiring in May 2008 and company A has filed for my L1-A Visa petition as I am now promoted to a Manager.In the meanwhile company B has filed for my H1-B and it is approved as a fresh H1-B under the quota valid from October 2007.a) Can I apply for my wife's L2 EAD extension based on my blanket L1-A petition approval or should I get the L1-A stamped in my passport and she getting a L2 stamped in her passport. b) Since my I-94 is valid upto May 2008, can I stamp my new L1-A visa any time when I go to India or should I stamp it before my I-94 expires.c) Once I stamp my L1-A in my passport can I go anytime to India and come back with H1-B stamping as long as my H1-B petition is valid or will my H1-B petition get cancelled once my L1-A is stamped in my passport.d) For stamping my L1-A can I go to Mexico or Canada or should I stamp my visa only in a consulate in India.e) For stamping my H1-B can I get it stamped in Mexico/Canada or do I have to go back to India.If get a new job from employer C can I transfer my valid H1-B petition to company C without working for company B and without any paystubs or stamp in my passport.f) My wife's company is filing for her H1-B in April 2008 should I wait till her H1-B petition gets approved before stamping my H1-B visa or can I do it after I get her EAD extension.
Please advise.
Thank you in advance for the service to the immigrant community.

 

[ppvirgo23]

Hello Rajiv,
1. Me and my husband both filed for our 485 applications in the July-August filing. My husband's went thru and he got his biometrics but unfortunately I had enforsed the money orders at the back and so USCIS sent it back saying we cannot accept it and asked us to resubmit with new fees after complying with the instructions ont he notice. My lawyer did that and again last week we got it back saying no visa numbers available. My question is shouldnt they accept it when they issued a notice after the deadline asking us to resubmit? What can be done about the issue cos I had a friend whose application got accepted after resubmission and the error was just like mine that her husband forgot to sign the checks. any suggestions would be appreciated. another thing that concerns me is I am on H4 and if they start processing the applications not according to the visa bulletin and if my husband gets his GC before the PD goes current for me I would go out of status cos then his H1 would be automatically cancelled.

2. I had COS from B1/B2 to H4 and I didnt overstay even though my H4 was approved and went to india after 5 months and got an H4 stamped and then returned to US on H4. Now my question is they didnot cancel my B1/B2 when they gave my H4 so does that mean my B1/B2 is still valid and i can use it if something happens to my H4.

Thanks you so much
Pls suggest as to how would you address this issue and what are our options.

Thanks a lot !!!

 

[monica1]

L-2

My question is :

My friend is on L2 visa. She is planning to apply for EAD by 7th of Feb. It appears that it is currently taking anywhere between 60-90 days for the EAD to come. So while the EAD application is being processed, can she travel outside the US and return on the same L2? She might have a new I-94.

Will she have to reapply for EAD? Will the previous application considered abondoned? Is there a limit on the number of days she has to return within, to keep the EAD application ongoing/current?