L2 to H4 COS when should I apply

[look4athi@gmail.com]

Hi I am on L2 visa and my husband's H1 visa is approved from Oct 1 2013. Just now he got a job and planning to join the new employer by dec 9th. I have not filed my H4 cos yet. do I need H1 pay stubs to file my H4 COS. Is there any last day to file the COS to H4 or anytime limit ? I am in US now. Heard that if I don't file the H4COS before his H1 start date, I will be Out of status and my COS might be denied. Also heard we need H1 Paystubs. Could you please help me?

 

Thanks,

Ronin

[jairichi]

Hi I am on L2 visa and my husband's H1 visa is approved from Oct 1 2013. Just now he got a job and planning to join the new employer by dec 9th. I have not filed my H4 cos yet. do I need H1 pay stubs to file my H4 COS. Is there any last day to file the COS to H4 or anytime limit ? I am in US now. Heard that if I don't file the H4COS before his H1 start date, I will be Out of status and my COS might be denied. Also heard we need H1 Paystubs. Could you please help me?

 

Thanks,

Ronin

Your husband has 60 days to join his H1B employer. Dec 9th is beyond this 60 days time period. I hope he has stopped working for his L1 employer as it will be considered unauthorized work.

Yes, you need your husband 's pay stubs to file for your change of status. No pay stubs and your change of status will be denied. You are no longer in L2 status and your are out of status now. His H1B status has already started from Oct 1st. You should have applied for your change of status before Oct 1st 2013. I believe you are accumulating unlawful presence in US (not 100% sure about this). 

[look4athi@gmail.com]

Thank you for your reply. 

 

Your are saying we need H1 Pay Stubs and I was wondering then how it will be possible to apply COS before H1 start date ? I heard the same from everyone. The reason why I have not applied COS with him was I also had applied for H1B. But for some reason I was not selected in the lottery. 

[jairichi]

Thank you for your reply. 

 

Your are saying we need H1 Pay Stubs and I was wondering then how it will be possible to apply COS before H1 start date ? I heard the same from everyone. The reason why I have not applied COS with him was I also had applied for H1B. But for some reason I was not selected in the lottery. 

Your husband should have asked his H1B employer/attorney to include your name for a COS to H4 along with his H1B petition. If it was done like that there would not be any need of his H1B pay stubs. Since you are applying after your husband's COS approval you need pay stubs. If you do not want to do COS you can always exit and enter US on a H4 visa.