H4 visa and notice period

[Indhu_123]

I have my L1B visa valid untill Jan 11 2013. I have applied for L1B visa extension on November 15th and untill now it is in initial Review. Meanwhile due to personal reasons I have decided to resign my job with L1B employer and I need to serve two months of notice period untill March 1st. Also I have applied for change of status to H4 with another employer and that is also under initial review. My question is If the L1B visa extension result comes as a denial or if H4 decision comes as approval before my notice period end date can I continue with L1B employer untill the notice period is over.

[raghvi]

I have my L1B visa valid untill Jan 11 2013. I have applied for L1B visa extension on November 15th and untill now it is in initial Review. Meanwhile due to personal reasons I have decided to resign my job with L1B employer and I need to serve two months of notice period untill March 1st. Also I have applied for change of status to H4 with another employer and that is also under initial review. My question is If the L1B visa extension result comes as a denial or if H4 decision comes as approval before my notice period end date can I continue with L1B employer untill the notice period is over.

When is yoru L1B associated I-94 expiring? If that is also expiring on Jan 11 2013 then your employment with the L1 employer will be considered invalid beyond Jan 11 2013 without L1 extension approval, irrespective of your notice period.

Secondly what do mean by H4 with another employer? H4 is tied to your spouse on H1 not to the employer. Did you mean H1B with another employer?

If you applied a COS to H4 what is the start dat eyou have requested for H4 starting? If it is H1 what is teh requested start date?

This is my opinion not legal advice.

[Indhu_123]

When is yoru L1B associated I-94 expiring? If that is also expiring on Jan 11 2013 then your employment with the L1 employer will be considered invalid beyond Jan 11 2013 without L1 extension approval, irrespective of your notice period.

- My I-94 is also expiring on Jan 11 2013 but I have applied for L1 B extension and it is still in progress and I have the receipt number for that. My assumption was I could continue to work untill I get a decision on the L1B extension.

Secondly what do mean by H4 with another employer? H4 is tied to your spouse on H1 not to the employer. Did you mean H1B with another employer?

- Sorry for misleading. I have applied H4 tied to my spouse as a COS

If you applied a COS to H4 what is the start dat eyou have requested for H4 starting? If it is H1 what is teh requested start date?

- H4 was applied on Dec 22nd and receipt number is given for that as well on Dec 27th and I do not know if any start date is requested for H4. It was told by attorney that the approval date for H4 will be the start date.

This is my opinion not legal advice.[/QUOTE]