Legal Question in Immigration Law in Delaware

Re: L2 to H4

You should have done a change of status when your husband changed status or obtained an H4 visa stamp. You cannot submit your husband's approval notice with your H1 petition.

You should explain your situation to the lawyer working on your case. Based on the information you provided, you likely will not be eligible to change status. However, if you otherwise meet the eligibility requirements for an H-1B, there is a chance that you could get an H-1B approved, but leave the US and re-enter with an H-1B visa stamp to activate your H-1B.

However, you will not be able to activate your H-1B until October 1 and you should not remain in the United States without status.

As I stated, you need to explain the situation to your lawyer, who should be able to assist you in finding the appropriate solution to your situation.