L1 to H4

[sgsgs]

I am on L-1B Visa with Company A which is expiring in July end. I am applying H-1 through my employer Company A and as well through another consultancy. My spouse is on H-1B Visa. To stay In-status till october after my L-1 expires, I am planning to apply for H-4. During october, I am planning to change my status to H-1.

My questions are:
1) If my change of status from L1 to H4 is approved before my L1 expires, will H4 status be effective immediately?
2) If H4 status is not effective immediately after approval how many days can I work on L1B?
3) In october, Do I need to apply for change of status from H4 to H1 again? If so, how much does it cost?
4) As my L1 B is expiring in July I am planning to go to India and come back in September, will there be any problem in this?

I really appreciate your help.
Thank you.

[kabkaba]

When does your current I-94 expire? Is your current employer extending your L1 I-94 too? If so filing multiple change/extension of status applications can complicate things.

Usually COS is approved effective immediately, meaning you will need to resign from L1 job as soon as H4 is approved.

Your employer's H1 petition cannot be approved with COS since your current status does not extend till Sep 30. Which means your employer will have to file amendment after Oct 30 with your new H4 I-94 to change you to H1. You cannot begin working until H1 status is approved.



This is a complicated matter which requires consultation with an attorney.

[sgsgs]

L1 to H4 to H1

Thank you for your reply.

To clarify, my current I-94 related to L1 visa expires in July end. I was planning to file for H4 during July so the approval doesnt come before I resign my job with my current employer. When my H4 is in process, I can stay in the US right? If H4 approval comes before Oct 1st, i will have to file for COS from H4 to H1 right? If the H4 approval doesnt come before that what should I do?

I will talk to attorney, but your inputs will give me some leads.

Thank you.

[kabkaba]

If H4 approval is not received by Oct 1, you can continue staying in the US but you cannot change status to H1 until you receive that.