H1B to L2 status and back to H1B

[tantramexy]

Hi,

I am currently in the US on an H1B visa valid until Feb 2015. My husband is also in the US on an L1-A visa. My current assignment in the US is ending on the 18th of April post which I am required to travel back to India. In order to continue to stay in the US, I wish to change my status to an L2 from within the US. Given this background, could you please help me with the following:

1. Can this CoS filing be done USCIS ELIS?
2. What is the last date by which I need to file my I-539 for Change of status
3. What is my status from the day the CoS is filed from the day I receive approval on my I-539
4. Assuming my CoS is approved and after a couple of months I do manage to get a project, do I need to file for a CoS again to start working? Some people have suggested travelling out of the country and then re-entering on the current stamped H1B on the passport - Is this allowed and legal?

Kindly advise.

Thanks.

[raghvi]

Hi,

I am currently in the US on an H1B visa valid until Feb 2015. My husband is also in the US on an L1-A visa. My current assignment in the US is ending on the 18th of April post which I am required to travel back to India. In order to continue to stay in the US, I wish to change my status to an L2 from within the US. Given this background, could you please help me with the following:

1. Can this CoS filing be done USCIS ELIS?
2. What is the last date by which I need to file my I-539 for Change of status
3. What is my status from the day the CoS is filed from the day I receive approval on my I-539
4. Assuming my CoS is approved and after a couple of months I do manage to get a project, do I need to file for a CoS again to start working? Some people have suggested travelling out of the country and then re-entering on the current stamped H1B on the passport - Is this allowed and legal?

Kindly advise.

Thanks.

1. No. http://www.uscis.gov/sites/default/f...structions.pdf
2. Before your last payday/working day in US on H1.
3. Technically you dont have any status unless the COS is approved.
4. Yes if you want to move to H1 again, you need to file a COS from L2 to H1 OR as suggested, leave US and re enter on the already stamped H1 visa its legal to do that.
You can work on L2 status too with EAD.

This is my opinion not legal advice.

[tantramexy]

Thanks Raghvi. One additional question, can I submit the I-539 form on my own or my employer needs to do this OR my husband's company needs to file the same? Kindly advise.

[raghvi]

Thanks Raghvi. One additional question, can I submit the I-539 form on my own or my employer needs to do this OR my husband's company needs to file the same? Kindly advise.

You can file it on your own too.

This is my opinion not legal advice.