When does H1B status take effect

[zeusjunior]

Hello everyone,

New to the forum. Background - I came to the US on L1B, wife/kid on L2. Wife got an EAD. Both of us are working as permanent employee in different companies. Now, I feel like leaving my job and pursuing masters or just taking a break for a while. My wife's company had applied for H1B visa (premium processing) and she got the receipt number today. In short, I need to know when can i quit without affecting my wife's Job. currently since she is no EAD status, if i quit my Job, she will loose her job as well ?

Looking forward to some clarity,

Rgds
ZeusJunior

[raghvi]

Hello everyone,

New to the forum. Background - I came to the US on L1B, wife/kid on L2. Wife got an EAD. Both of us are working as permanent employee in different companies. Now, I feel like leaving my job and pursuing masters or just taking a break for a while. My wife's company had applied for H1B visa (premium processing) and she got the receipt number today. In short, I need to know when can i quit without affecting my wife's Job. currently since she is no EAD status, if i quit my Job, she will loose her job as well ?

Looking forward to some clarity,

Rgds
ZeusJunior

Was spouse's H1 applied as COS from L2 to H1?

A fresh H1 can at earliest be started from 01-Oct-2015 so any attempt of you to abandon L1 status would jeopardize the plans. I would suggest you await approval of your spouse's H1 and once she is in the job then you file a L1 to H4/F1 COS.

This is my opinion not legal advice.

[zeusjunior]

Was spouse's H1 applied as COS from L2 to H1?

A fresh H1 can at earliest be started from 01-Oct-2015 so any attempt of you to abandon L1 status would jeopardize the plans. I would suggest you await approval of your spouse's H1 and once she is in the job then you file a L1 to H4/F1 COS.

This is my opinion not legal advice.

Raghvi

Thank you for the prompt response. We checked with my wife's company's Immigration guy. He said the application was a change of status COS application. At the same time he also said that her H1B would be effective Oct 1 2015. I thought if H1B application was filed as COS, her H1B would be effective the same day that she received the I797 receipt with new I-94 attached ? Please help in clarifying.

Thank you,

Rgds
ZeusJunior