Change of status from h1b to l2

[A pratap]

I am currently on valid h1b visa and my husband has a l1 visa . I am on maternity leave till May 5th. I told my company that I won't return back since my husband's company were ready to apply my l2. Can h1b to l2 change of status be made as premium? Can I stay in US after may 5th without working till my change of status decision is known?

[raghvi]

I am currently on valid h1b visa and my husband has a l1 visa . I am on maternity leave till May 5th. I told my company that I won't return back since my husband's company were ready to apply my l2. Can h1b to l2 change of status be made as premium? Can I stay in US after may 5th without working till my change of status decision is known?

There is no premium processing for dependent visas. If you want to stay beyond 5th May advisable to convert to L2. Yes you can stay as long as you apply H1 to L2 before your last pay day.

This is my opinion not legal advice.

[A pratap]

Thanks raghavi . My husband's l2 visa has expired but i94 is valid till 2016. His petition is valid indefinitely. Can I apply for change of status from h1b to l2 in this case?

[raghvi]

Thanks raghavi . My husband's l2 visa has expired but i94 is valid till 2016. His petition is valid indefinitely. Can I apply for change of status from h1b to l2 in this case?

Yes you can. But travel out of US will involve a visit to the consulate for fresh visa stamping.

This is my opinion not legal advice.