No I797, No I94 provided.

[jinneebhat]

I have been told that I need to quit my present job and join a company who got my H1B approved with COS from existing L2 status.

The trouble is that despite requesting them, they have not yet sent any approval notice or new I94 from USCIS, nor have they sent any offer letter. I do not intend to take that big a risk but legally I cannot work after Oct 1, 2007 which is the start date of petition.

Can I avoid joining this company until they provide me these in orignals? Will I be treated as illegal? I still have L2 status valid till 2009


Jin

[orion]

The approved H1 status takes effect automatically from October 1. This is if new I-94 was attached to the original notice of approval, which is the case most of the times. You'll have to do a COS if you want to get back on L2 or re-enter at a PoE.

[jinneebhat]

Thanks for the advice!!

Although I have been advised by many that reentering before Oct 1 on L2 can prevent COS, but many have advised that it will not affect the COS.

Do you believe that reentering can prevent my COS if COS from L2 to H1 is already approved?