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H1B visa never on payroll status

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  • H1B visa never on payroll status

    Hi, I was on L2-EAD and joint a company in Jan-2012 and that company did paper work H1B in FEB-2012. I resigned the company in April-2012 as I was pregnant and my health was not good. By mistake the company filled my H1B and I got the H1B approval in Oct-2012. I came to know it in Jan-2013.

    on Feb-2013 my husband filled L1A visa to convert from L1B to L1A and his employer filled L2 conversion for me form H1B.

    Now question is that, I never on payroll on my H1B and I know my previous L2 and the I-94 which I got on airport have been voided by my H1B. So whats about my status if my L2 and my husband L1A get rejected? Can I still stay based on my previous L2/I-94 base? FYI: My husband has valid I-94 till sept-2013 so he knows that he can stay still Sept-2013.[B] but we have doubt about my status if the L2 gets rejected? Please let me know all options to stay in the USA still Sept-2013.

    Please assist me. Thanks in advance.

  • #2
    The change of status to L2 should have been carefully filed with evidence that you were not aware of the change of status to H1 in the first place. Consult with the attorney who filed this on your behalf. Your status is your own responsibility, (Not your L1 spouse's or their employer's).
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      The change of status to L2 should have been carefully filed with evidence that you were not aware of the change of status to H1 in the first place. Consult with the attorney who filed this on your behalf. Your status is your own responsibility, (Not your L1 spouse's or their employer's).
      Thanks a lot for your response. My husband employer has already filled L2 - change of status from H1B to L2 which in initial review mode. Now my question is that

      what will be happened if it gets denied by USCIS?
      On which status I can stay in the USA?
      or Should I have to leave the country immediately getting USCIS denied
      or I can stay here based on my previous L2/I-94 (before H1B approval) ?
      or need to start work on my H1B on which I never work ?
      or again I can apply L2 conversion?

      Thanks in advance and awaiting for your positive response.

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