H1B to L2

[riah8]

Hi, I was recently laid off under h1B visa and I wanted to apply for L2 under my husband. His company HR is saying that I need to leave US to process this? Is this true? Can i file on my own?

I've read this somewhere: "in order to change status one must be properly maintaining status. A late filing may be excused under certain circumstances, otherwise the visa will need to be processed abroad."

BUT.... How can I file for L2 in advance if I am still working under H1B..? The reason why I will only want to do L2 from H1B is because I was laid off and did not want to be out of status.. Thanks

[raghvi]

Hi, I was recently laid off under h1B visa and I wanted to apply for L2 under my husband. His company HR is saying that I need to leave US to process this? Is this true? Can i file on my own?

I've read this somewhere: "in order to change status one must be properly maintaining status. A late filing may be excused under certain circumstances, otherwise the visa will need to be processed abroad."

BUT.... How can I file for L2 in advance if I am still working under H1B..? The reason why I will only want to do L2 from H1B is because I was laid off and did not want to be out of status.. Thanks

You should have filed H1 to L2 before last working day.

This is my opinion not legal advice.

[riah8]

But I just knew about it a day before...? I did not resign, I was laid off.. So can I still apply for COS to L2 without leaving US?

[riah8]

Can I initiate the filing for COS or it has to be my spouse's employer?

[raghvi]

Technically you should have filed it yourself the day you were informed of your layoff. Did the H1 employer provide you return ticket? If not you can ask them to do so and complain to DOL if they dont. Negotiate with them to keep your H1 status active till your L2 is sorted out. As you are currently not being paid as per H1, hence out of status, it might be difficult to convert to L2 being in US but worth a try.

This is my opinion not legal advice.