L2 - H4 after H1 CoS approval

[scotty2012]

Hi,

I am on L1 with Employer A and my wife on L2. I have applied for Change of status to H1 through an Employer B, and it got approved from OCT 1st 2012. But unfortunately my new employer didn't apply Change of Status for my wife ( that is L2 to H4).

NOTE : I am writing this on SEP 18 2012.

My Questions are :

1- If my employer applies for L2-H4 status before OCT 1st, can she stay in US beyond Oct 1st ?

2- My understanding is that there is no premium for H4, it will take long time to process. So Will her stay be valid with receipt number beyond OCT 1st till CoS to H4 get approved ?

[pontevecchio]

You or the employer can apply for a COS for her and as long as the application reaches them before you are in H1 status she can stay. She can also leave at any time and come back with the H4 visa.