L1 to H4 staying on COS pending before OCT 1st

[cg841230]

Hi All,
I have a question about a situation. Me and my spouse are on L1 and L2 respectively and currently in US.
My spouse recently got H1B approval which is in effect from Oct 1st 2012. My current project might come to end before oct1st. Just in case if the project is over by Sep 20 and if my company cannot find other projects for me, Can we both stay in US on my spouse H1? I have not applied for H4? Can i apply for H4 on Sep 20,2012? Can i stay along with my spouse on COS pending?

Thanks in advance!

[shervin143]

Technically you both will go out of status on L1/l2 once you are out of the L1 job as H1B will be effective only from Oct 1st. It is advisable to keep the gap as close as possible. If you want to get to H4 status, then you should file the COS from L1 to H4 before Oct 1st.

[cg841230]

RE: L1 to H4 staying on COS pending before OCT 1st

Thanks for the response!

If I apply for COS before OCT1st (say Sep 20th) and if it is in pending status.Can my stay from Sep 20th is still vaild/legal? Please advice.

Thanks

[shervin143]

No. Because your wife's H1B will be valid only from Oct 1st, your H4 will also be valid only from Oct 1st (if approved). So until Oct 1st, you both will remain to be in L1/L2 status even if the H1B/H4 is already approved with the Oct 1st as start date. Unless you work and get paid until the end of Sept, you will be considered to be out of status. So try to keep the out of status period as less as possible (avoiding it all together is the best, if possible).

Thanks for the response!

If I apply for COS before OCT1st (say Sep 20th) and if it is in pending status.Can my stay from Sep 20th is still vaild/legal? Please advice.

Thanks

[cg841230]

RE: L1 to H4 staying on COS pending before OCT 1st

Thanks Again!
So I can apply for H4 status only from OCT1st. Can I file it on Sep 20th based on availability of new project?
Assuming my current project lasts till Sep 30th.

Thanks!

[shervin143]

So I can apply for H4 status only from OCT1st.
>>> You need to file the COS to H4 before you go out of status on L1. Meaning, file it before your last working day with the L1 employer. The H4 when approved will get effective only from Oct 1st.

Can I file it on Sep 20th based on availability of new project? Assuming my current project lasts till Sep 30th.
>>> Yes. You can continue to work for the L1 employer until the L1 I-94 remains valid. Once H4 gets approved, you should stop working immediately. Alternatively, once H4 is filed, you can also choose to stop working from Oct 1st based on the pending H4 petition.

[cg841230]

Thanks for the information. one of my friends is saying that new H1B's have a "grace period" of 10 days i.e., they can stay in US 10 days prior to Oct1st. Is this true? If so, Can I stay as dependent (COS pending) during this time?

[shervin143]

A person with a valid H1B petition and a H1B visa is allowed to enter U.S with his/her dependents 10 days prior to the H1B effective date. Meaning, if the H1B is effective from Oct 1st, the person can enter U.S on or after 21st September. The I-94 issued will be for the H1B petition, so the person will be in H1B status from the date of entry. However, that isn't the case with you. You will remain to be in L1 status until the end of September. Your H4 if approved will become effective only from Oct 1st. You if you don't work and get paid until the end of September, you are technically considered out of status on L1.

Thanks for the information. one of my friends is saying that new H1B's have a "grace period" of 10 days i.e., they can stay in US 10 days prior to Oct1st. Is this true? If so, Can I stay as dependent (COS pending) during this time?