L1B to H4 COS


Recommended Posts



My immigration scenario is as below:

- I am currently working in USA on L1B visa with an I-94 valid till Oct 24th, 2014.

- My wife's current H1B petition/visa is valid till October 1st 2014

- My wife's employer is filing a H1B extension of her status beyond October 2014

- I will be completing 5 years of L1B quota on Oct 24th and hence am planning to file COS to H4 based on my wife's H1B status in July 2014.


I need help with below questions regarding the L1B to H4 COS in this scenario:


1. Can I file H4 COS based on my wife's H1b status while her extension is in progress?


2. Should the H4 be filed based on her current approved H1b status or along with her new extension petition for H1B status?


3. Will the H4 status be effective immediately (from July 2014) irrespective of whether it is filed based on her current approved H1B or based on her H1B extension petition? Or will the H4 status be effective only after October 2014?


4. I am planning to quit my job soon after filing the H4 COS. Can I quit my job on L1B as soon as H4 COS is filed or should I wait for the H4 approval to come in till expiry of my I94 (October 24th, 2014) before quitting? 


5. Will my quitting the job after filing H4 COS land me in "out of status" or "illegal stay", before the H4 is approved?


6. Will my quitting the job on L1B status negatively impact H4 approval in any way? 


Will appreciate any prompt clarifications, thanks in advance!



Link to comment


This topic is now archived and is closed to further replies.