MyCOS L1toH1 Approval, My Spouse COS L2toH4 still in Process,Can i Switch

Hi Saurabh,

First of all Many Thanks to you for Answering the Question.

I got my COS from L1 to H1 B approval on OCt 1 2012 from employer A valid through April-2015, My Spouse COS from L2 to H4 is applied on January 7 but look like its still going to take some time (probably 2 Months) her I-94 is valid till April -24-2013.

I am getting good offer from other employer B and i am looking for H1 transfer to other employer. Before i move need your advise.

Do i have to wait until my Spouse COS L2 to H4 gets approved, or i can proceed with H1 transfer with other employer since my spouse have I-94 valid till April-2013.



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Who is managing that COS petition? Did you file it yourself or through your old employer or their attorney?

Also, when do you plan to join the new employer once the transfer petition has been filed?

Thanks Again Saurabh

My Spouse COS L2toH4 has been filed by my Old Employer through their attorney, My H1 Petition is also filed by my old employer (L1 to H1 by same employer and it is approved). I am planning to switch to new Employer and before i do so need make sure my Spouse COS from L2 to H4 shouldn’t impacted/affected.

I would like to join new employer in a March end or first week of April.
But before i do so i want to make sure it will not impact my Spouse COS to H4. Also recent updates my Spouse COS got RFE on Friday(2/22).

Knowing the facts above what will you recommend or advice to do.
Should i restrain for some time and once i got the spouse H4 approval notice then go for switch. or i can still switch my job and spouse COS L2 to H4 petition (old Employer) will not be impacted.

Any communication regarding your wife’s COS will be sent to old attorney, who may or may not decide to be helpful about the case. So either you can take up the ownership of the COS case, or wait for it to get approved before changing employer.

When do you plan to resign from current employer?