L1 to H4 After H1 Approved

[yourssinu]

Hi,

We have a urgent and difficult situation here. Any advise will help a lot.

My wife is on L1 visa and we applied for H1B (With I94 option) for 2013 Quota and H1 Petition got approved in May-2012. She can work on H1B from 01-Oct-2012.

Meanwhile (in June) can she file for COS from L1 to H4 (On Spouse's H1) and continue on H4 till October 1st and move to H1 automatically?

Due to some personal reasons she may need to leave present job (L1) and transfer to H4 status. What I want to know is will there be any problem to approved H1 petition? I know there is something called "Last Action Rule", according to this law latest approved status prevails all existing statuses. In this case does H4 prevails H1 as we are filing L1 to H4 after H1 got approved? or H1 still holds good as it's applied towards a future date and valid only from 01-Oct-2012?

Thanks
Srini

[skal]

She need to file her COS from H4 to H1 when she is ready to work.

[skal]

Her case is picked up in this year quota so whenever she is ready to work she has to file her H4 to H1b to start working.

[yourssinu]

I want to know whether it's safe to apply H4 after H1 got approved.

[skal]

I don't see any risk involved when she changes from L1 to H4 though she has an approved H1b with a start date 10/1/12. You have to file COS again end of Aug'12 from H4 to H1 for her to work from 10/1/12 provided she has a valid Employment who sponsored her H1b. You can still get a legal advice from an Immigration Attorney.

[yourssinu]

Why does she need to file COS from H4 to H1 as she already having approved H1 with I94 start date as 1st Oct? She can't just start working on H1 from Oct without any paper work?