L1B to L2 Change Of Status Without going out from USA.

[tojai01]

Hi,

I am currently working with L1-B Blanket.
My Husband is working with L1-A Individual.
We both currently working in USA for different company.
Now, I would like to go for COS (L1B to L2) and resign and stay with my husband without going back to India.

I need below clarification. Any of your help would be highly appreciated.

Can I apply for COS (L1B to L2) individually? Or Should my husband ask his company to do that?
When COS is submitted, should I stop working immediately ? Or I can continue work on my L1-B till my COS get approved?
Is that possible I can stop working after 1-2 months from COS is submitted? Because, I don’t know how long it will take for the COS to get approved, also I need to serve couple of weeks notice period for my company, because I understand that I can not work after COS is approved. So it will be a trouble to serve the notice period.
Is that Legal and Possible if I stop working when I am in L1-B and Submitted COS (L1B to L2)?
Can I apply COS (L1B to L2) and EAD concurrently?
Which one is really easy? To go for COS or go back to India and get L2 stamping and come back to US?

Thanks
Devi

[raghvi]

Hi,

I am currently working with L1-B Blanket.
My Husband is working with L1-A Individual.
We both currently working in USA for different company.
Now, I would like to go for COS (L1B to L2) and resign and stay with my husband without going back to India.

I need below clarification. Any of your help would be highly appreciated.

Can I apply for COS (L1B to L2) individually? Or Should my husband ask his company to do that?
When COS is submitted, should I stop working immediately ? Or I can continue work on my L1-B till my COS get approved?
Is that possible I can stop working after 1-2 months from COS is submitted? Because, I don’t know how long it will take for the COS to get approved, also I need to serve couple of weeks notice period for my company, because I understand that I can not work after COS is approved. So it will be a trouble to serve the notice period.
Is that Legal and Possible if I stop working when I am in L1-B and Submitted COS (L1B to L2)?
Can I apply COS (L1B to L2) and EAD concurrently?
Which one is really easy? To go for COS or go back to India and get L2 stamping and come back to US?

Thanks
Devi

You can do it independently too.
COS is applied using for I539. In that a specific date can be mentioned as to when you would want COS to be effective from. Ideally you should stop working from that date.
Read above. Give a future date if you want to give the notice.
Yes as long as the date in the I539 is not a future one from the last date.
Yes but it does not speed up the whole process.
It depends what you want to do. Without travel outside US, it can take upto 6 Months for COS to L2 an EAD to get approved, so basically you cannot work till then. If you want to avoid COS delay and just wait for EAD to come by ( which takes 90-120 days)

This is my opinion not legal advice.

[tojai01]

You can do it independently too.
COS is applied using for I539. In that a specific date can be mentioned as to when you would want COS to be effective from. Ideally you should stop working from that date.
Read above. Give a future date if you want to give the notice.
Yes as long as the date in the I539 is not a future one from the last date.
Yes but it does not speed up the whole process.
It depends what you want to do. Without travel outside US, it can take upto 6 Months for COS to L2 an EAD to get approved, so basically you cannot work till then. If you want to avoid COS delay and just wait for EAD to come by ( which takes 90-120 days)

This is my opinion not legal advice.

Thanks a lot Raghvi for you time.
I understand that, when i apply for COS, I can mention the effective date of the COS.
one question:
Say for Eg: I received the COS receipt notice by 1st Nov, and in my I-539 form, part-2, question 2.a I have mentioned that my COS effective date should be 31st Dec 2016.
But assume the COS process takes 3-5 months. In this case, can i stay in US? because, i will resign my L1B Job by mid of Dec and I will finish my notice period by 31st Dec, by this time, my COS may not be approved yet and it may be in process still.

[raghvi]

Thanks a lot Raghvi for you time.
I understand that, when i apply for COS, I can mention the effective date of the COS.
one question:
Say for Eg: I received the COS receipt notice by 1st Nov, and in my I-539 form, part-2, question 2.a I have mentioned that my COS effective date should be 31st Dec 2016.
But assume the COS process takes 3-5 months. In this case, can i stay in US? because, i will resign my L1B Job by mid of Dec and I will finish my notice period by 31st Dec, by this time, my COS may not be approved yet and it may be in process still.

Yes, you can stay.

This is my opinion not legal advice.