H4 to H1 COS

[visa_visa]

H1 is approved from Oct1st as COS from L2 to H1. If one moves from L2 to H4 before Oct1st, Will the same approval with I94 attached, be valid from Oct1st or is there any processing required?
Will the status still change automatically from H4 to H1 as it would have been from L2 to H1?

Thanks in advance!

[shervin143]

How are you planning to switch the status from L2 to H4? Are you planning to file a COS or re-enter the country in H4 visa?

[visa_visa]

COS from L2 to H4 along with L1 to H1 of spouse while being in US.

[shervin143]

In that case, search and read about the last action rule. If the H4 gets approved with an effective date after Oct 1st, then your status will change to H4 and you can no longer work.

[visa_visa]

Thanks for the information. I will go through available information online.
If the H4 is w.e.f from date prior to Oct1st then On Oct1st am I on H4 or will it be changed to H1 automatically with the I-94 of H1 approval notice.

[shervin143]

That is how it is suppose to work. If the H4 gets effective before Oct 1st, then automatically the H1B should become effective as of Oct 1st. But there is no way for you to find if your status actually changed to H1B or not. That is why people don't complicate things by filing multiple petitions at the same time.

Thanks for the information. I will go through available information online.
If the H4 is w.e.f from date prior to Oct1st then On Oct1st am I on H4 or will it be changed to H1 automatically with the I-94 of H1 approval notice.