L1 to H1 transfer can I stay in US even I resign


Iam working on L1 since jan 2011. My L1 expires on dec 2013. Iam planning to apply h1 this April through another company.

Iam planning to resign this company in June.

  1. My question is if I resign in June can I stay. Back in USA till October on L1 since my h1 starts in October 2013.

  2. even though I file h1 can I file h4 in June since my husband is on H1?

  1. No

  2. Yes, but you need to be careful w/ the timing. If H-4 gets approved after H-1 and Oct 1, then your status will become H-4. Discuss the case w/ your H-1 attorney and spouse’s attorney to file it timely.