Legal Question in Immigration Law in Texas

I was on L1B visa until June 2014 and I filled my H1 in April 2014 and my H1 approved in August 2014. As my L1B I-94 is expiring in June 2014, I filled H4 (As dependent for my wife) to allow me to stay in USA. My H4 is still in initial review.

Question : In case my H4 gets approved between now and October 1st, will my H1 automatically take effect from October 1st or do I need to file for any change of status?. If I need to file change of status, on what date I have to file so that I can work from October 1st?


Asked on 8/29/14, 3:05 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

You do not need to file for a change of status from H-4 back to H-1B. Your H-1B status will take effect as soon as you begin H-1B employment. However, if the H-4 is denied, then you will have accrued a few months of unlawful presence.

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Answered on 8/29/14, 6:05 pm


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