L1 to H4 related questions

[H1L2]

I am currently working on L1 visa, planning to quit my job by this month end, Aug 2010.

My husband is currently working on H1B with employer A and planning to do H1 transfer to employer B but will join the new employer only in Oct 2010. I am planning to do H4 along with his H1 transfer (premium processing in Aug 2010 itself).

1. Is that H4 receipt enough for me to stay in US after Aug 2010? Could my last date be earlier than the approval date?
2. If our H1 and H4 got approved before my husband joins employer B and I quit my job(Aug 2010) before he joins new employer(Oct 2010), will my stay in US on approved H4 be legal, even though my husband did not join the new employer at that time?
3. If his H1 transfer gets rejected, should both leave US immediately? Or can he continue with employer A and I can apply H4 based on employer A's I797 after the rejection? Or should I leave USA?

[sk4ih]

1. No. Change of status to H4 should be approved. Until then you'll be in L1.
2. H4 doesn't depend on H1's employer, but H1 holder. As long as H1 holder maintains H1 legal status, no problem to H4 holders.
3. Even if transfer rejected, H1 holder can continue to work with old employer.
As told above, H4 holder need not worry about transfer rejections.

[H1L2]

Thanks for your reply.

I understand #2 and #3.
But I need clarification on #1.

I agree that I'll be on H4 only when it is approved. For instance, if my last date is Aug 31st 2010 on L1B, but by then I have applied for H4 (along with my husband's H1B transfer) and have the receipt, is it enough for me to stay in USA (in Sep 2010) until H4 gets approved without working on L1B. After my L1B last date and until H4 approval date, will I be legal status (COS applied)?

Thanks again.

[sk4ih]

No, the stay would be illegal.

[shervin143]

In order to remain in valid status, you should file your H4 petition based on your husband's current H1B petition and not worry about the transfer that might happen later. If the H4 petition is filed and if it reached USCIS before your last date on the job (Advisable to file it at least 45 days in advance), then you can legally stay until you receive the decision. Once the H4 petition is filed (When the filing receipt is received), you can either continue to work on L1 until the decision is made by USCIS or quit the job. If the H4 is approved, then you are all good. If the H4 is denied, then you will have to leave the country immediately, get the H4 stamped and return back in H4 visa.

When exactly is the new company filing your husband's H1B transfer? Are they NOT going to request an immediate start date?

Thanks for your reply.

I understand #2 and #3.
But I need clarification on #1.

I agree that I'll be on H4 only when it is approved. For instance, if my last date is Aug 31st 2010 on L1B, but by then I have applied for H4 (along with my husband's H1B transfer) and have the receipt, is it enough for me to stay in USA (in Sep 2010) until H4 gets approved without working on L1B. After my L1B last date and until H4 approval date, will I be legal status (COS applied)?

Thanks again.

[H1L2]

In order to remain in valid status, you should file your H4 petition based on your husband's current H1B petition and not worry about the transfer that might happen later. If the H4 petition is filed and if it reached USCIS before your last date on the job (Advisable to file it at least 45 days in advance), then you can legally stay until you receive the decision. Once the H4 petition is filed (When the filing receipt is received), you can either continue to work on L1 until the decision is made by USCIS or quit the job. If the H4 is approved, then you are all good. If the H4 is denied, then you will have to leave the country immediately, get the H4 stamped and return back in H4 visa.

When exactly is the new company filing your husband's H1B transfer? Are they NOT going to request an immediate start date?

Thanks Shervin.
H1B transfer to employer B can be applied by Aug 15th, and since it will be premium processing, we are expecting the decision by Sept 1st week. He has contract on a project until Sept 21st and he can join the new employer B on Sept 22nd, if H1B transfer is approved. If it is rejected, he will continue with employer A.

1. if I apply H4 along with H1B premium processing (transfer) and I have the receipt for H4 before my last working day, is it enough for my legal stay after I quit the job before the approval?
2. If H4 gets approved along with H1B, say Sept 1st, is this H4 valid even if he has not joined employer B (until Sept 22nd)? does H4 tied to his H1B status or his H1 employers?

Otherwise
3. As you suggested, if I file H4 with his current H1B, my H4 will be pending while he is applying for H1B transfer - premium processing. will it affect my H4 (as I have applied it based on employer A) or will it affect his H1B transfer?
4. if that H4 gets approved, after he changes his employer, should I apply another H4 based on new employer?

[shervin143]

1. if I apply H4 along with H1B premium processing (transfer) and I have the receipt for H4 before my last working day, is it enough for my legal stay after I quit the job before the approval?
>>> If you apply for the H4 and the application reaches USCIS before your last working day, then you are good.

2. If H4 gets approved along with H1B, say Sept 1st, is this H4 valid even if he has not joined employer B (until Sept 22nd)? does H4 tied to his H1B status or his H1 employers?
>>> H4 is tied to your spouse's H1B status. It has nothing to do with his employer.

3. As you suggested, if I file H4 with his current H1B, my H4 will be pending while he is applying for H1B transfer - premium processing. will it affect my H4 (as I have applied it based on employer A) or will it affect his H1B transfer?
>>> It won't affect your H4 or his H1B. If you apply H4 using his current H1B petition, then your H4 will be approved and will have the same expiry date as your husband's current H1B petition.

4. if that H4 gets approved, after he changes his employer, should I apply another H4 based on new employer?
>>> Not required since H4 is not tied to any employer. You will get a new I-94 when the H4 gets approved. You can file the extension later when that I-94 was about to expire. You can file the extension 6 months in advance.

[H1L2]

Thanks

Thanks for your inputs.