L1 H1 issue

[APrao]

I got my H1 Approved and my employer says I need to start working with him from Oct 1. But my wife COS is not applied yet.

1. I never told him that I will join on oct 1. before applying i told i will join after 3 or 4 months after oct.

2. Does my employer send me the documents. if yes when can I ask

3. When can we start L2 to H4 COS. can we start after I give a notice to my L1 employer

[txh1b]

L2 H4 COS has to be filed now or anytime before Oct 1st based on your approved H1b. You cannot work on L1 after COS approval of H1b effective date.

[APrao]

Can my H1 employer apply for ammendment to extend the COS to 01-Jan-2009 from Oct 1st.

If yes
1. what is the risk?
2 will my L1 be valid after oct 1st to 01-Jan-2009?
3. Can I continue to work with my L1 employer untill this time.
4. What if a query is raised. will the query raise before oct 1st or after
oct 1st. Can I continue with L1 until the query is resolved and the extension is approved.

[txh1b]

No.

1. You fall out of status as you do not revert back toyour previous status.

2. L1 petition remains valid but not your status as a L1 holder.

3. Until what time? No past Oct 1st.

4. No. You don't have any alternative solutions. Don't waste your time or stress your brain out looking for alternate solutions.

[sabiya]

If you want to work on L1 even after Oct 01, then the best option is go out of the US before Oct 01 and come in the US after Oct 01 with your L1B with new I94.

Your wife also needs to travel with you so that she can staty on L2.

TxH1B is this correct ?

[APrao]

I read in one of the other posts in this forum that spouse is not required to travel if the L2 to H4 is not initiated. Please confirm on this.

[txh1b]

Consider it confirmed. The perfect scenario would be for both to leave and enter. But as the person left on L1 status before Oct 1st and has not been on H1b, the spouse can reside temporarily on L2 if the L1 holder is returning back.

If L1 holder is returning on H1b status, L2 to stay past Oct 1st is illegal.

Temporary absence of L1 holder does not require L2 to travel.