Converting L1 to H4
Jan 14th 2002, 9:21 pm
#1
Guest
Posts: n/a
I ceased work in early October to take up my new position of full-time mom. My husband is here in the US on an H1-B visa until 2002 and I understand I should have requested a 'Change of Status' from the INS converting my L1 to H4 PRIOR to leaving employment.
So, here we are 3 months later....because of my delay in submitting necessary paperwork am I now going to be forced to leave the US in order to obtain my H4? (Certainly my Lawyer seems to think so and is trying to persuade me to go). For obvious reasons I'd rather stay and collect in-country if I can but is it possible that the INS will deny this application due to time delay? If so, will this look bad if we decide to pursue greencard status which is our intent.
Thanks in advance for any advice on this matter.
So, here we are 3 months later....because of my delay in submitting necessary paperwork am I now going to be forced to leave the US in order to obtain my H4? (Certainly my Lawyer seems to think so and is trying to persuade me to go). For obvious reasons I'd rather stay and collect in-country if I can but is it possible that the INS will deny this application due to time delay? If so, will this look bad if we decide to pursue greencard status which is our intent.
Thanks in advance for any advice on this matter.
Jan 14th 2002, 11:58 pm
#2
Guest
Posts: n/a
Julie wrote:
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You could ask the lawyer to file the I-539 anyway with the best excuse you can
come up with. Ask your lawyer what the worst-case scenario would be for all
possible outcomes.
If you and your husband pursue employment-based PR status, and file Forms I-485, INS
will forgive up to 6 months of violated status under 245(k). So you should not allow
more than 6 months (from the time you quit work) to pass before leaving the U.S., if
you want the I-485 option.
You still *may* be able to do consular processing, even if you remain in the U.S. in
violation of status more than 6 months. However, you have to be careful not to
*overstay.* *Overstaying* is a particular type of violation of status. This means
staying beyond a date certain on your I-94 more than 180 days (this would be the
originally approved L-1 expiration date), or staying in the U.S. more than 180 days
after a formal determination by INS that you violated status.
If INS denies your I-539, that will be a formal determination which will start the
180 day count, if it has not otherwise started.
So, if your L-1 expiration date is well into the future, you could take the chance of
filing Form I-539 asking to change from L to H-4, with the understanding that if and
when the I-539 is denied, you'll have to leave the U.S. within the 180 days anyway.
Is that as clear as mud, or what?
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You could ask the lawyer to file the I-539 anyway with the best excuse you can
come up with. Ask your lawyer what the worst-case scenario would be for all
possible outcomes.
If you and your husband pursue employment-based PR status, and file Forms I-485, INS
will forgive up to 6 months of violated status under 245(k). So you should not allow
more than 6 months (from the time you quit work) to pass before leaving the U.S., if
you want the I-485 option.
You still *may* be able to do consular processing, even if you remain in the U.S. in
violation of status more than 6 months. However, you have to be careful not to
*overstay.* *Overstaying* is a particular type of violation of status. This means
staying beyond a date certain on your I-94 more than 180 days (this would be the
originally approved L-1 expiration date), or staying in the U.S. more than 180 days
after a formal determination by INS that you violated status.
If INS denies your I-539, that will be a formal determination which will start the
180 day count, if it has not otherwise started.
So, if your L-1 expiration date is well into the future, you could take the chance of
filing Form I-539 asking to change from L to H-4, with the understanding that if and
when the I-539 is denied, you'll have to leave the U.S. within the 180 days anyway.
Is that as clear as mud, or what?
