L2 to H1B processing - Lottery COS

USA H1B Visa
1

Hi Kumar,

I am currently on L2 visa with an EAD. My visa expires in 2022 and EAD Aug next year. My wife is on L1B, however this year her H1B has been approved and her status will change(due to COS) to H1B on Oct 1st 2020. Also, my current employer had applied for the H1B and my name was picked up too in the lottery. My petition is applied as COS similar as my wife. However, it is still under process and waiting for approval.

In case my petition is not approved on or before 30th Sep, can I continue to work with my current employer? Also, I have not applied H4 too. So what happens to my status on Oct 1st? would it be automatically change to H1B based on pending H1B petition? I am a little nervous. Any input from your end will be very helpful.

2

Until you get approval of any of them, your previous visa status remains.
If you are on L2 now, you will be on L2 until you get the H1B approval.
USCIS goes by last action rule…meaning, whatever comes last from USCIS stands, so go by that.