H1 COS is done but H4 COS still not file.

[Venkat_Raja]

Hi,

I went to US with L1B visa and my wife/my kids with L2 visa. Our I-94 of L1B and L2 are valid till 08/2019.

Recently, I got approve with new H1B on 12/06/2017 and I thought H1B COS is done as well. I asked my employer to file L2 -> H4 for my wife/my kids but he told when I have a job with H1B visa, he will file.

Unlucky, till now (01/31/2018) - 2 months,  I still not have a job with H1B so my employer doesn't not file L2->H4 for my family yet. I am really worry about it.

Can you advice me on some questions?

1. Is this my family's visa status is Out of status? They should be on H4 with the same day with H1B approve. Is that right?

2. I plan to file form I-539 Change of status from L2 to H4 for my wife and my kids. I am thinking that USCIS maybe question why I delay a long time (2 months) to file Change of status. Can you guide me what I should answer?

Your answer is very valuable for me. 

Thank you and Appreciation. 

 

[pontevecchio]

Your H1 employer is a rogue. Are you being paid on bench? If not you have more important issues to worry about. Get yourself a consult with the firm of Murthy or any of your choice soon. Enforcement is at a all time high.