What to do regarding a change of status?

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What to do regarding a change of status?

My husband is on L1 visa (valid until Feb of next year) with Company A in US. Meanwhile, his company has filed for his COS to H1 which is now approved. They have also filed for my status change from L2 to H4. Currently, I am on L2 (valid until next Feb) with a valid EAD and working for a local company. The local company that I work for, needs 2 weeks notice before I could resign the job. When do I actually lose my L2 status and go on H4? Will it be on the day my husband’s H1 gets approved (or) from start day(most probably 1st oct) mentioned in his H1’s I797? What if my H4 is approved before 1st of Oct? Will I able to work until the 30th of Sept?

Asked on August 13, 2013 under Immigration Law, New Jersey

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If it is a new H-1B/H-4 then the earliest possible validity date is October 1, 2013, even if you receive the approval notice earlier.  Give the notice as soon as you can but once your are officially in H-4 status, you are legally not authorized to work so even if your notice period is not over, you have to stop working.


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