L2 to H4 (COS)

[x2moolaite]

I am on L1-B with Company A till end of October. My family is on L2 which is valid till 08-Nov. Company B sponsored my H1 and it was approved one month ago, but due to notice period with Company A, I will be able to join Company B only by end of October. My H1 employer (Company B) says I should be on their payroll in order to apply for H4 due to USCIS asking for pay stubs / W-2. That would leave me only 1 week to file for H4 online before L2 expires. However, the online I-539 form (for change of status) only asks for my I-94 and Receipt #, and supporting docs are copies of I-797, I-94, I-539 and marriage certificate. There is no mention of salary slips. How much of an impact is it to file H4 before going on their payroll? Is it mandatory and will it cause H4 rejection if filed early without pay stubs? Issue is I dont want to leave it so late to file H4, so if it is not mandatory, I can request my sponsor to let me file early.

[pontevecchio]

If your H1 was approved with COS then you will not be in L1 status from October,1. You can file H4 for your dependents based on your H1 approval. The way to mitigate notice period issues is to opt for CP so that you finish your notice and then leave and come back with the H1 visa.