Need Help

[sunny321]

Friends,
The below is my situation. Please advise .

I am on L1 A and it expires on May 28 2016. I am planning to Change my status to H4 as my wife is on H1 and her I 140 is approved.

Questions :

1. When Can I submit my resignation to my company ( 2 weeks of notice period is required).
2. Is it ok if I Quit my company (L1 visa employer ) as long as I apply for Change of Status to H4?
3. We are planning to go India on vacation in June 2016, so Is it ok if I get my H4 stamping while my H4 COS is in process?

Please help

thank you

[shervin143]

1. When Can I submit my resignation to my company ( 2 weeks of notice period is required).
>>> You can resign anytime after filing the COS from L1 to H4 (after receiving the H4 receipt notice). Once H4 gets approved, you cannot work in H4 status unless you have an EAD.

2. Is it ok if I Quit my company (L1 visa employer ) as long as I apply for Change of Status to H4?
>>> Yes.

3. We are planning to go India on vacation in June 2016, so Is it ok if I get my H4 stamping while my H4 COS is in process?
>>> You are not supposed to leave the country while the COS is in progress. If you do, the COS will get denied. If yo had to leave, then the best option is to leave before your L1 status expires, get the H4 visa stamped and return back in H4 visa. Once you are back in U.S, you can file the H4 EAD. Once EAD gets approved, you can work.

[sunny321]

Thanks Shervin.

I have couple more questions . request you to kindly do the needful.

1. my employer says he will file L to H conversion for this year cap and it means I can work only after October 1st.
2. My L visa is till May 2016

I am considering the below option to bridge the gap from June to October . Please correct me if i am wrong or suggest if there is any better way.

I will go to India and get my H4 stamp and enter to USA on H4
If my H1 gets approved , I am planning to file COS from H4 to H1 so that I can start working without leaving USA

Please advise.

thank you

[shervin143]

Well, in that case the employer can file the H1B only for consular process. They cannot file the petition as a COS because your L1 status will expire in May and at that time you will not have the H4 status. Here are your options.

1) Let the employer file the H1B for consular process.
2) You leave the county before your L1 status expires.
3) Get the H4 visa stamped and return back in H4 visa. Apply for H4 EAD as a backup. When that gets approved, you can begin working for the same employer under H4 EAD.
4) When the H1B petition gets approved, you can ask your employer to file a COS from H4 to h1B or you can leave the country, get the H1B visa stamped and return back in H1B visa to begin working in H1B status.

Thanks Shervin.

I have couple more questions . request you to kindly do the needful.

1. my employer says he will file L to H conversion for this year cap and it means I can work only after October 1st.
2. My L visa is till May 2016

I am considering the below option to bridge the gap from June to October . Please correct me if i am wrong or suggest if there is any better way.

I will go to India and get my H4 stamp and enter to USA on H4
If my H1 gets approved , I am planning to file COS from H4 to H1 so that I can start working without leaving USA

Please advise.

thank you