L2 to H1B transfer


Recommended Posts

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.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.