L1 and H1 confusion

[Kanikasharma]

Hi,

I am currently on L2 EAD which expires in Feb 2013. However, if I get an H1 this October - Can I keep on working on my L2 and not use my H1

Can COS to H1 be done at a later point of time rather than Oct 1.?

If we go to India in Oct and face issue with H1 Stamping, Can I come back on L2?

Any help on these questions is really appreciated.

[wiweq]

I am currently on L2 EAD which expires in Feb 2013. However, if I get an H1 this October - Can I keep on working on my L2 and not use my H1

=> To achieve this H1b should be filed with no COS. Once you want to go on H1b, file the COS using form I539 before 2-2.5 months of effective date.

Can COS to H1 be done at a later point of time rather than Oct 1.?

=> Yes, max before 6 months of starting date H1b can be filed. It means, if your employer files your H1b on July 1st, 2012, the start date of H1b can be Jan 1st or sooner (between Oct 1 - Jan 1).

If we go to India in Oct and face issue with H1 Stamping, Can I come back on L2?

=> Yes.

Any help on these questions is really appreciated.

Best bet: Let your employer file your H1b without COS. They are two ways to come on H1b. One is file COS while remaining on L2, second is reenter in USA on H1b visa. So, once your H1b is approved, go for India trip, get H1b stamping and enter in USA on H1b status. In the case if you failed to get H1b stamping, you can enter on L2 and latter on you can file COS to H1b. Remember, you need to maintain the status you are using while entering in USA until you do the COS.

[Kanikasharma]

Thank you so much for the help. really appreciate it. Have a great day ahead.