Urgent L2 to H1(extended stay H1 gap)

[pavanir9]

I'm working on L1 my spouse is also working (EAD) and his H1 picked in lottery for 2009 quota, he got the reciept. All of sudden my project got over & my employer want to send us back to India. I have a valid i94 until 2009. Is it possible we both can stay in US with my spouse H1(he is planning to apply for COS for his H1). please advice pretty urgent.


Thanks
Pavani.

[txh1b]

No. As his H1b becomes effective only on Oct1st. You have to leave and re-enter.

[pavanir9]

Thanks for your quick response. I have one more question.

If my spouse want to apply for extended stay (for H1 gap) can we stay on it. please reply ASAP.

Thanks,
Pavani

[pavanir9]

Thanks for your quick response. I have one more question.

If my spouse want to apply for extended stay (for H1 gap) can we both stay on it with out going back to India. As my spouse is in mid of his project so he can't leave the project in mid & leave to Indai. please advice is there is any way so that my spouse carrier won't get spoiled. Please please reply ASAP.

Thanks,
Pavani

[C4us]

Since your spouse is on L2 and dependent on your L1, his status terminates when your L1 terminates. He must stop working at that time as working longer is illegal employment. He will be unable to do a COS to H1 since he will not be in status and will need to go for stamping before re-entering to work on H1B.

There is no way for him to continue working legally between the time your L1 and his L2 terminate and Oct. 1.

There is no "extended stay" for guest worker visas as there is for visitor visas.

[txh1b]

His company should know he is on a L2 and mid project or ruined implementation, does not matter. The law does not allow it. How can his career(carrier) get spoilt by this?