H1B Pending.. L2 expiring

[kgcal]

Hi,

Currently I am on L2 status and my husband's status is L1 and my H-1b visa was filed in June and upgraded to premium processing on 17th September.

Recently my husband's H-1b got approved, which means I would loose my L2 status from 1st Oct onwards. I have the following dilema:

1) Will I be on legal status from 1st Oct onwards if I don't apply for H4 before 1st Oct, as I am awaiting the verdict on my H-1B case?

2) If my H-1b gets denied on 3rd Oct, can I apply for change of status after 8th Oct(assuming 1 week delay for new application), as I will not be in any legal status after the denial?

3) If I apply for an H4 while my H-1B is pending, can I withdraw the H4 application once H-1b gets approved. If so, what would be the process for doing that?

4) My H1B(filed on 4th June,2012) has recently been changed to Premium Processing mode on 18th September, 2012) is still in "Acceptance" stage. When my employer called USCIS he was told its in 'Security Check' stage!!

Any ideas if there are still any chances the H1B will get processed in time?

I would really appreciate some help from all of you wrt to my situation.

Thanks,

Angana

[pontevecchio]

1. NO 2. Yes you can. The sensible thing to do is to leave and come back with a H4 visa at that time. 3. Stop complicating your situation. Wait for the H1 petition approval or denial. A few days OOS will not matter. 4. Your Employers Lawyer will get some response by the month end. In any case the Lawyer has phone access to the Officer. That is the point of paying 1000 USD extra. So the Lawyer will get a response.

[metroguy]

1) You will be in legal status till a decision is made on your H1B

2) If your H1B gets denied, then you will be out of status from the date of denial

3) My suggestion is to wait on your H1B

[iammsb]

I am in a similar situation of H1B change of status but also have a H4 from my spouse's H1B. So my spouse moves to H1B from Oct 1, 2012 and me to H4. I had my H1B applied in June and converted to premium on the 18th of September. I am currently working based on my EAD and understand I cannot work from October without a valid H1B. But there is some confusion on my work and would need help.

If my H1B is approved after October 1st, can I begin to work immediately? I am told I have to do a change of status again from H4 to H1B and go through the same processing time (not sure if it will take as long as the new h1B). Is that true that I have to apply change of status from H4 to H1B and wait for its approval and only then resume working. This sort of sounds strange to me since it is my COS that is approved initially but the fact that my status changed (which USCIS already knows) will force me to re-do another H1B COS. Please help.,

[kgcal]

Thank you all for your replies.

I've received RFE today regarding bunch of documents ...largely from the employer.

Will be replying soon...hopefully get a positive response soon.

Yes... as suggested by a large number people, I've not applied for my EAD yet (so as not to complicate things for USCIS)..

WIll keep you all posted..