COS from L2 to B and B to F1

[Mudman22]

 

My L1 Visa expired in Feb 2014 and my i94 is valid till September 2015 and I am currently working on the basis of my L1-i94.

 

My spouse is on L2 (which I believe also got expired with my L1) and she is working on L2-EAD. Her i94 is valid till 2016.

 

I applied for H1B this year (2014-2015) and it has been picked up in Lottery. My Spouse also applied for H1-B but we haven't heard back on her H1-B application status yet. I am looking out for options ahead of me and here are my questions - 

 

1 - If my H1 gets approved by this October, would my status automatically switch from L1 to H1? (Making my Spouse's visa status switch from L2 to H4?) Is it automatic?

2 - Is there a possibility that, if my H1 gets approved this October-2014, I can remain on my current i94 (from L1) till it gets expired (or less) and then move/switch to approved H1 on a later date? If yes, how is the extension to be requested?

3 - What are the options for my spouse to work ? L2 to F1? can she apply for COS from L2 to any other visa till College Admissions in January-2015 and work meanwhile (from Oct to Jan) ? Once admitted in college she can move to F1 in Jan-2015 and start working on F1 visa.

 

Appreciate your help.

[jairichi]

1. If your H1B employer applied as COS from L1 to H1B you will automatically move to H1B status from Oct 1st 2014. For your spouse you need to file a COS from L2 to H4.

2. Yes, it is possible. Exit and enter US with a valid L1 visa and I797 in Oct 2014 and later whenever you need to move to H1B status exit and enter US with a valid H1B visa and I797.

3. First of all F1 is to study and do not misuse it to work. If you move to H1B status from Oct 2014 your wife cannot work as her L2 and EAD is no longer valid. Your spouse can apply for COS to F1 but it will take 3 to 4 months for approval.