L2 to H4 to H1 - change of status query

[shasha77]

Hi,

 

I am on L2-EAD and have approved H1B petition effective from October, 1st, 2013

My Husband is on L-1 and has applied for his expired petition transfer.

 

I have following confusions :- 

 

1. If I resign now and continue to be on L2 then come October will I have to file for change of status? 
2. If my husband applies for his expired H1 transfer - 
2.a Will he be applying for me as his dependent on H1? (even though I have H1 approved but effective from October) 
2.b If he applies for me as his dependent and gets decision before October then I will be on H4, will I have to apply for change of status to get on to H1 from October? 

3. For his transfer process can the request be made for his H1 to be effective from October 1st, 2013. So that I dont have to apply for change of status.? 

4. Anyways do I need to apply for change of status if my status changes from - 
4.a L2 to H1 
4.b L2 to H4 to H1 

[jairichi]

Hi,

 

I am on L2-EAD and have approved H1B petition effective from October, 1st, 2013

My Husband is on L-1 and has applied for his expired petition transfer.

 

I have following confusions :- 

 

1. If I resign now and continue to be on L2 then come October will I have to file for change of status? 

2. If my husband applies for his expired H1 transfer - 

2.a Will he be applying for me as his dependent on H1? (even though I have H1 approved but effective from October) 

2.b If he applies for me as his dependent and gets decision before October then I will be on H4, will I have to apply for change of status to get on to H1 from October? 

3. For his transfer process can the request be made for his H1 to be effective from October 1st, 2013. So that I dont have to apply for change of status.? 

4. Anyways do I need to apply for change of status if my status changes from - 

4.a L2 to H1 

4.b L2 to H4 to H1 

(1) No 

(2a) If he is sure that his COS from L1 to H1B will be approved after Oct 1st 2013 he need not apply for your H4 status.

(2b) If he thinks that his COS from L1 to H1B will be approved before Oct 1st 2013 then he needs to file a COS from L2 to H4 for you. In this case your employer has to again apply for a COS from H4 to H1B and pay all the required H1B filing fee again.

(3) Yes, I believe that could be done.

(4) Only for 4.b you need to apply for COS

 

Speak to your employer's attorney and get his/her opinion.