L1 to H4 Change of Status(COS)...best time to apply

Hi Anil,

I am on L1B and currently working in USA. The max out of L1B, 5 years & I94 ending in Mar 2022. Now, my wife’s(currently in L2 EAD) employer is applying for a H1 COS this year(2021) from her existing L2. If her H1b approved, then the effective date for her will be 1st Oct 2021. In this case,

Can I also apply for my L1 to H4 COS along with primary applicant(wife H1 COS)? Will my status change on Oct 1st to H4 along with my wife’s H1 approval? What are the option for me to continue to work until my L1B max out which is Mar 2022.

Thanks for all your clarifications.

You can apply your L1 to H4 COS anytime you want if you want to continue working using your own L1.

H4 does not allow any work unless you have H4 EAD and hence, you can delay filing H4 until you have the L1 valid.

Thanks Anil. Will it be a better option to apply for H4 along with primary applicant asking for post dated status change(which is my L1 maxout Mar 2022) so that there will not be any delay in my H4 COS approval. Is there any risks of USCIS will not consider post date and approve H4 also along with H1. Please advice.

Sometimes, USCIS approves the request with immediate effect.

You can get it corrected if it does not match your requested date but then, its another painful process.

Thanks Anil… so what would be the best time for me to apply for my L1 to H4 COS? my L1 max out is Mar 6th 2022. Do I need to stop working exactly when I file my COS to USCIS or can I work until my L1 Max out(assuming COS receipt received before my L1 maxout date) and then continue to stay in US with COS receipt? Currently the processing time for COS is 6-8 months. What if USCIS results crosses 240 days? Thanks for your advice.