L1B to H1 COS

[rgupta2]

I am in US, working on L1B VISA, and my spouse work on L2 VISA for same employer. Our employer has agreed to file individual H1 for both of us and it will be a COS from me from L1B->H1 and for my spouse from L2->H1.

The question I had was that how quickly COS gets effective ?

It should not happen that I get COS in July and she gets in October. In that case she my lose her L2 status. I am confused if a situation like this could arrive. Or all the H1B COS start from 1st October 2012. Please suggest

[shervin143]

If both the H1Bs are filed under a new CAP that will begin on April 1st 2012, then the effective date of the both the approvals will be on or after Oct 1st 2012.

[rgupta2]

Thanks Shervin - Both the H1B are under new 2012 CAP

[shervin143]

Well, in that case the petitions won't be effective until Oct 1st. You both will remain in L1/L2 status until Oct 1st.

Thanks Shervin - Both the H1B are under new 2012 CAP