L2 to H1-B

[loveabhi]

Oh Learned Ones!

I am currently working on L2 (EAD) and my visa is expiring on August 3rd 2011. My spouse’s employer will be filing for her L1 extension along with my L2 towards end of July ‘11. Since my EAD was expiring in August, my employer filed for my H1-B this April which got approved and will be effective from October 1st 2011. The H1-B approval notice has I-94 attached to it which is valid for 2 years starting from this year Oct 1st. My question is,

(1) Since my spouse’s employer will be filing for extension of my L2, what happens if approval/denial of L2 doesn’t take place before October 1st, i.e. decision is still pending on my L2 on Oct 1st? Would my status change automatically on Oct 1st from L2 to H1-B because of the I-94 attached to the approval notice?
(2) What if my L2 gets approved before October 1st? Would I be able to change my status to H1-B on Oct 1st?

Any help in this regard is highly appreciated. Thanks.

~AB

[shervin143]

(1) Since my spouse’s employer will be filing for extension of my L2, what happens if approval/denial of L2 doesn’t take place before October 1st, i.e. decision is still pending on my L2 on Oct 1st? Would my status change automatically on Oct 1st from L2 to H1-B because of the I-94 attached to the approval notice?
>>> If the L2 gets approved after Oct 1st (effective date of L2 is after Oct 1st), then your status will change to L2 and you can no longer work in H1B status. Search and read about the last action rule.

(2) What if my L2 gets approved before October 1st? Would I be able to change my status to H1-B on Oct 1st?
>>> If the L2 effective date is before Oct 1st, then on Oct 1st, the status will change to H1B.

[loveabhi]

Thanks shervin143. I want to move from L2 to H1. Considering my situation, what would you suggest me to do?

[shervin143]

Unfortunately you do not have any other option. Since your current status is expiring in the month of August, you need to file L2 extension to legally stay in U.S. You cannot work until you get the EAD extended.

However, did your H1B approval come with a new I-94? It should have approved as a consular process instead of a COS since your current status was expiring in the month of August. In such case, your status will come automatically change to H1B on Oct 1st. In order to work in H1B status, you need to leave the country and return back in H1B visa. Check the approval notice to see if there is an I-94. That is the key.

Thanks shervin143. I want to move from L2 to H1. Considering my situation, what would you suggest me to do?