L2 to H1B transfer


Lowry

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Dear Experts,

I am currently on L2 and work with L2-EAD. I got H1B selected this year. However, my husband L1 will expire in September this year, so he will transfer to his H1B status sometime before the L1 expiration. This means I will lose my L2 status after his H1B transfer, so there will be a gap for me before Oct 1st (H1B activated date). Base on this situation I have a few questions:

  1. Do I have to apply for H4 during his H1B transfer to keep me from out of status?
  2. My attorney told me that I stay in the US after they file the H1B with COS even I lose my L2 status. Is this right? EX: my husband change to H1B in June. Between June and Oct 1st, since I have filed the H1B with COS, I can stay in the US but just can't continue working for the company.
  3. Question about my husband H1B. He filed his H1B as Consular Processing, due to this COVID-19, will it be better to amend the H1B from CP to COS or is there any better way to transfer to H1B?

Thanks in advance.

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