L1 to H1 apporval, pending L2 to H4

[goomail]

My employer is filing L1 to H1 in April. L2 dependents are not in US now and will be coming to US sometime in August and will be filing L2 to H4. if my H1 becomes effective on Oct 1, and H4 COS is still pending,
1. are they in valid status until the decision comes (since COS was already filed) OR
2. they are out of status after Oct 1, since primary changed to H1.

[shervin143]

As long as the COS from L2 to H4 is filed before your H1B effective date (before they going out of status on L2), then can legally stay in the country based on the pending COS.

My employer is filing L1 to H1 in April. L2 dependents are not in US now and will be coming to US sometime in August and will be filing L2 to H4. if my H1 becomes effective on Oct 1, and H4 COS is still pending,
1. are they in valid status until the decision comes (since COS was already filed) OR
2. they are out of status after Oct 1, since primary changed to H1.