H1B approved with COS , but have a day gap between statuses

[rainbow2012]

Hi,
I'm currently on my L2 Visa which is valid till Sept 29 2011. I applied for H1B this year for consular processing as my attorney said I'm not eligible for a change of status because of a day's gap(Sept 30) between statuses. Now I got my H1B approved for 3 years and it cam in as a change of status. But my attorney is saying that it came in as an error and I should not start working on H1B with out getting it stamped. My husband's company will file for his L1 extension by beginning of September. My question here is, if we are including my L2 Extension along with that, on the day of Sept 30(the gap), I'll be legal to stay in US as I'll be waiting for a decision on L2 extension. In that case, will I be able to work on H1B from Oct 1st without getting it stamped?

Thanks in advance,

[shervin143]

Duplicate post.
http://www.immihelp.com/forum/showthread.php?t=90690

My husband's company will file for his L1 extension by beginning of September. My question here is, if we are including my L2 Extension along with that, on the day of Sept 30(the gap), I'll be legal to stay in US as I'll be waiting for a decision on L2 extension.
>>> Yes, you can legally stay since the extension is filed.

In that case, will I be able to work on H1B from Oct 1st without getting it stamped?
>>> Since your H1B approval came with a new I-94 attached to the approval notice, your status will change to H1B effective Oct 1st and you are eligible to start working for the H1B sponsor. However, when the L2 petition gets approved your status will change from H1B to L2 and you can no longer work for the H1B sponsor unless you obtain and L2 EAD. To work again in H1B status, you will either have to leave the country and return back in H1B visa or file a COS from L2 to H1B and the COS should get approved before you can start working again. Search and read about the last action rule.

[rainbow2012]

Suppose,I got through Sept 30th with L1 Petition extension on process and
by October 15th,I will have my husband's company take the dependants visa
extension off from the application,will that be OK to continue with my H1B.

[shervin143]

I am not aware of any such process where you can recall the L2 extension. I suggest you consult an immigration attorney.

Suppose,I got through Sept 30th with L1 Petition extension on process and
by October 15th,I will have my husband's company take the dependants visa
extension off from the application,will that be OK to continue with my H1B.