L2 to H4 and H4 to H1

[krk42]

Hi Murthy,

My husband is working in L1 Visa and am in L2 Dependent Visa. I am currently working. I have applied H1 in 2012 Quota in premium process which got approved last week. I can start use my H1 starting from Oct 2012. My husband is planning to move on H1 May 20th. I will move from L2 to h4. Whether I can work on my H1 starting from Oct 2012 ?

Kindly help me on the same. Your advise will be greatly appricated.

Thanks in advance,

VLakshmi

[livliv]

There are status complications involved in this process. If you or your husband's employer on your behalf files for change of status to H4 from L2, and you also have a pending or approved change of status to H1, your status is determined according to whichever application gets approved last. If on H4 you cannot work and if on H1 you must work from Oct 1.

You may need to apply for H4 status only until Sep 30. If so, write a clear cover letter mentioning in Bold that you need H4 status only until Sep 30. USCIS may still ignore that and approved H4 for a longer duration. Consult an experienced attorney to decide the best approach.

[krk42]

Hi,

In case USCIS has approved my H4 for longer period say till May 2014. If I wan to use my H1B visa starting from Oct 2012, do I need to submit COS, LCA, Client letter H1 again to USCIS?

[livliv]

Hi,

In case USCIS has approved my H4 for longer period say till May 2014. If I wan to use my H1B visa starting from Oct 2012, do I need to submit COS, LCA, Client letter H1 again to USCIS?

Yes, that depends on last action rule and makes it subjective to interpretation. Consult an experienced attorney of your own for best advice as this is a complicated matter.