L2 dependent can travel after primary's L1 changed to H1 automatically thru COS

[samsu2k1]

Hi,

Pls can some one clarify.

I am currently in L1B and got my H1B approved. My visa status is going to be changed automatically to H1 from Oct.
Now my qeustion is, my L2 dependents can travel in L2 after october though my status changed to H1.

Thanks.

[raghvi]

Hi,

Pls can some one clarify.

I am currently in L1B and got my H1B approved. My visa status is going to be changed automatically to H1 from Oct.
Now my qeustion is, my L2 dependents can travel in L2 after october though my status changed to H1.

Thanks.

No they cannot they would need H4 to travel if you are in h1 status.

This is my opinion not legal advice.

[samsu2k1]

No they cannot they would need H4 to travel if you are in h1 status.

This is my opinion not legal advice.

Thanks Raghvi. One more clarification needed.

In case, my dependent travelled before oct 1st 2015 on L2 and at the same time shall I continue working in L1B till i have the project with current employer and can my dependent also stay with me in USA with L2. Pls clarify.

[raghvi]

Thanks Raghvi. One more clarification needed.

In case, my dependent travelled before oct 1st 2015 on L2 and at the same time shall I continue working in L1B till i have the project with current employer and can my dependent also stay with me in USA with L2. Pls clarify.

Are L1 and H1 employer same?

Your H1 was approved as COS. So you must work with H1 employer and get paid by them from the COS effective date. If you don't , you would go out of status. It also means that from the COS effective date, you would automatically move to H1 status, project or no project, so your dependents cannot be on L2 they also have to move to H4.

This is my opinion not legal advice.

[samsu2k1]

Are L1 and H1 employer same?

Your H1 was approved as COS. So you must work with H1 employer and get paid by them from the COS effective date. If you don't , you would go out of status. It also means that from the COS effective date, you would automatically move to H1 status, project or no project, so your dependents cannot be on L2 they also have to move to H4.

This is my opinion not legal advice.

Thanks Raghvi. L1 and H1 employer are different. So do you say if i dont change the employer in COS effective date, my status will be moved back to L1B ?? Later when i needed, i can approach consultant to file COS and switch to H1 ? Pls clarify.