L2 to H1 COS

[ND123]

Hi,

 

I am on L2 and have got L2 - H1 COS approved from 1-Oct-2014. I don't plan to start work on 1-Oct-2014 but may start it around 1-Apr-2015. Now my husband is changing status from L1 to H1 and mine from L2 - H4 which is expected to get approved by 31-Aug-2014.

 

Question: Will my status continue as H4 from 1-Oct-2014 onwards or will it change to H1.

 

Thanks

ND

[pontevecchio]

You can be in H4 status if you are out of the country on October,1 and return with a H4 visa assuming your spouses H1 petition is approved. What is the take of the H1 sponsor on your stand about working later on?

[ND123]

Hi,

 

Is it possible to apply COS from H1 to H4 on 1-Oct. My Employer is fine with delay in joining them.

 

Thanks,

ND

[pontevecchio]

1. You can file for a COS TO H4 based on your spouses H1 approval but before October,1 say end September and get the receipt. From October,1 you would be legally awaiting COS and not working. At the appropriate time based on discussions with your company you can have them refile a H1 petition non cap with COS from H4 or leave and return with the H1 visa.

[ND123]

Hi Pontevecchio,

 

Thanks for your reply. My Husband's L1 to H1 COS is filed using an Old H1 Petition under Premium processing and is with USCIS in Acceptance status. I am hoping it will get Approved by 1-Sep-2014. Based on this my status will change from L2 to H4 by 1-Sep-2014. 

 

But on 1-Oct-2014 my COS to H1 using 2015 H1 quota is already approved. So can I file COS from H4 to H1 on 1-Oct-2014.

[ND123]

Can anyone please clarify

[pontevecchio]

To be honest why not let a Lawyer deal with it? It is not too complex and a good lawyer should take the stress away. Why do you not want to start work from October,1?