H1 and L2

[Bhavna1244]

Hi,

My L2 expires on Aug 15, and I got picked up in lottery this year, employer filed for COS. If I go back to India on Aug 15 with pending H1b COS approval, can that cause problem in the approval process?

Please help.

[raghvi]

Hi,

My L2 expires on Aug 15, and I got picked up in lottery this year, employer filed for COS. If I go back to India on Aug 15 with pending H1b COS approval, can that cause problem in the approval process?

Please help.

One should avoid travel while a COS is pending. COS is abandoned if one travels while it is pending.
If possible wait till it is approved.

This is my opinion not legal advice.

[Bhavna1244]

One should avoid travel while a COS is pending. COS is abandoned if one travels while it is pending.
If possible wait till it is approved.

This is my opinion not legal advice.

I appreciate the quick response. If I ask my employer to move H1b approval to premium processing and it gets approved before Aug 15th, I can still work till Aug 15th on L2?

[raghvi]

I appreciate the quick response. If I ask my employer to move H1b approval to premium processing and it gets approved before Aug 15th, I can still work till Aug 15th on L2?

Yes you can work on L2 till Aug 15th assuming your EAD/I-94 is also valid till then. You cannot work on H1 before 01-Oct-2015 so you have to plan what you would be doing between Aug 15 to Oct 1st.

This is my opinion not legal advice.