H1 Change Of Status Issue: Urgent

[LTOH]

My Situation:
I work with company A on L1B visa. Company B had applied for my H1B visa which has been approved with a start date of October 20th, 2005. I am still on the payroll of Company A.

My wife is working with Company C on L2 EAD. This Company C had applied for her H1B visa which has not been approved yet.

When I was applying for my H1B visa I did not apply for her dependent H4 visa because her Company C had already filed for her H1B visa by that time.

My Questions:
1(a) Is she staying legally in the country ?
1(b) If yes, do I need to continue on Company A's payroll ( that is continue on L1B) till the time she recieves her H1B for her to stay legally ?

2(a) Is she working legally in the country ?
2(b) If yes, do I need to continue on Company A's payroll ( that is continue on L1B) till the time she recieves her H1B for her to work legally ?

3. If the answer for 1(b) is NO, then I would like to switch to Company B's payroll ( with her working or not working based on answers for Question 2). If I do this and her H1B application gets rejected then she would be back to L2 and since now I am already on H1B so L2 does not mean anything. In this scenario,
(a) Is she out of status ( illegal stay) ?
(b) Can I apply for her H4 now although her status at that time is L2 which does not exist?
(b) Can I apply for her H4 once her H1B gets rejected although If it has been less than three months since I joined Company B so I don’t have 3 months pay stubs to prove my legal H1B status.

4. A related question. Is it mandatory by law to join the new company within 2 months once L1B to H1B change of status has been approved ?

Main Concern:
My main concern as of now is to maintain continuous legal status ( staying legally) for my wife as she is expecting and in her condition I don’t want her to go out of country for getting back into the legal status.

I will appreciate your quick response.
TIA

 

[GotPR?]

One is considered in status as long as change of status petition is pending IF petition was timely filed(meaning she was in status when petition was filed).
One can stay in the US even beyond I94 validity if petition was timely filed and being pending.
However, i do not recommend her to work on EAD now, since you are not considered on L1B.
Please confirm with lawyer, though.

Your current status is H1B, not L1B since H1 start date has already been passed. That is what I94 attached to your approval notice means. I heard 60days rule, but I have never seen it in any regulation or law. As you are already on H1B, it is advisable to be on H1 employer's payroll.

 

[newbies]

My Situation:
I work with company A on L1B visa. Company B had applied for my H1B visa which has been approved with a start date of October 20th, 2005. I am still on the payroll of Company A.

My wife is working with Company C on L2 EAD. This Company C had applied for her H1B visa which has not been approved yet.

When I was applying for my H1B visa I did not apply for her dependent H4 visa because her Company C had already filed for her H1B visa by that time.

My Questions:
1(a) Is she staying legally in the country ? Yes since her H1 is filled
1(b) If yes, do I need to continue on Company A's payroll ( that is continue on L1B) till the time she recieves her H1B for her to stay legally ? Yes, if you are not L1B, she will not L2 , so no EAD

2(a) Is she working legally in the country ? NO
2(b) If yes, do I need to continue on Company A's payroll ( that is continue on L1B) till the time she recieves her H1B for her to work legally ? If you are not working for company B and only work for A, she will be fine. If you work for company B (even you are still in A payroll), she will have trouble.

3. If the answer for 1(b) is NO, then I would like to switch to Company B's payroll ( with her working or not working based on answers for Question 2). If I do this and her H1B application gets rejected then she would be back to L2 and since now I am already on H1B so L2 does not mean anything. In this scenario,
(a) Is she out of status ( illegal stay) ? Nope
(b) Can I apply for her H4 now although her status at that time is L2 which does not exist? Yes
(b) Can I apply for her H4 once her H1B gets rejected although If it has been less than three months since I joined Company B so I don’t have 3 months pay stubs to prove my legal H1B status. Yes. People can apply for H4 the same time of their husband apply for H1.

4. A related question. Is it mandatory by law to join the new company within 2 months once L1B to H1B change of status has been approved ?

Main Concern:
My main concern as of now is to maintain continuous legal status ( staying legally) for my wife as she is expecting and in her condition I don’t want her to go out of country for getting back into the legal status.

I will appreciate your quick response.
TIA

Simple. She must stop working by the time you join company B. If her H1B goes through, it will be perfect.
If not, apply for her H4 immediately.