L2 to H4 COS

[adiks]

Hi, I was on L1B status until Sep 30, 2014 and have changed my status to H1B starting Oct 1, 2014 (got approved but not stamped yet as I am in USA). My wife was in L2 status and her h4 was filed on Sep 9, 2014 and receipt no has been generated but it is still under process. Now, I want to change my employer asap. I Have following question:

1. If I file my H1b with another employer now, will it affect the stamping process when I go to India for stamping? (I have plans to go to India in January 2015 and I understand that I will have to get it stamped before I can re-enter).
2. Can I change my employer right now with my wife's H4 still in process? Do I need to file it again with other employer? Will she run out of status if my current employer withdraw her H4 application? Her I-94 from L2 visa is valid until 2017.

Thanks in advance for your help!!

[raghvi]

Hi, I was on L1B status until Sep 30, 2014 and have changed my status to H1B starting Oct 1, 2014 (got approved but not stamped yet as I am in USA). My wife was in L2 status and her h4 was filed on Sep 9, 2014 and receipt no has been generated but it is still under process. Now, I want to change my employer asap. I Have following question:

1. If I file my H1b with another employer now, will it affect the stamping process when I go to India for stamping? (I have plans to go to India in January 2015 and I understand that I will have to get it stamped before I can re-enter).
2. Can I change my employer right now with my wife's H4 still in process? Do I need to file it again with other employer? Will she run out of status if my current employer withdraw her H4 application? Her I-94 from L2 visa is valid until 2017.

Thanks in advance for your help!!

1. As long as the new employer is genuine and you are maintaining valid status with current employer dont see much of a complication.
2. Yes you can. She will run out of status if her L2 to H4 is rejected. Her L2 I-94 no longer holds any meaning as you are no longer in L1 status.

This is my opinion not legal advice.

[adiks]

Change of Status not received

1. As long as the new employer is genuine and you are maintaining valid status with current employer dont see much of a complication.
2. Yes you can. She will run out of status if her L2 to H4 is rejected. Her L2 I-94 no longer holds any meaning as you are no longer in L1 status.

This is my opinion not legal advice.

Hi Raghvi, Thank you for your response. I really appreciate! I have another situation now. I got my H1 documents and it was an I-797B (without I-94) in place of I-797A (with I-94). My employer and attorney says that they filed it as Change of Status only and it is a mistake from USCIS end to send I-797B in place of A. They have opened a case with USCIS. But does it mean my status is still L1 although I have an approved H1 petition in my hand. I have a valid I-94 from my L1 status which is valid until Oct-2016. Do I need to leave the country and re-enter with H1 stamp?

Another twist, they approved my wife's change of status from L2 to H4 (with new I-94). How is it possible that my status is still L1 and my wife's got changed to H4? Is anyone here going out of status? does my wife's H4 status holds legal here? Thanks again.

[raghvi]

Dont know if USCIS has goofed up or your attorneys. Without you having a valid H1 status your spouse's H4 even if approved erroneously would not be valid.
If USCIS did the mistake they would correct it.

If you really want to avoid the anxiety of waiting, leave US along with your spouse, go for H1 and H4 stamping and return.

This is my opinion not legal advice.