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  • Confusion on Active Status

    I am currently on H-1B status and have already filled i539 to change status from H-1B to L2.
    Now, my current employer also filed an amendment for my H-1B for the new role.
    I am confused about what would be my status, if H-1B amendment gets approved after changed of status to L2 is approved. Will I be on L2 then or H-1B?
    Or if my L2 gets approved first then USCIS would automatically reject the H-1B amendment?

  • #2
    Originally posted by vickysingh View Post
    I am currently on H-1B status and have already filled i539 to change status from H-1B to L2.
    Now, my current employer also filed an amendment for my H-1B for the new role.
    I am confused about what would be my status, if H-1B amendment gets approved after changed of status to L2 is approved. Will I be on L2 then or H-1B?
    Or if my L2 gets approved first then USCIS would automatically reject the H-1B amendment?
    As per last action rule whichever action is taken by USCIS last. Have you not informed your employer about your intent to move to L2?

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      As per last action rule whichever action is taken by USCIS last. Have you not informed your employer about your intent to move to L2?

      This is my opinion not legal advice.
      Thanks for the reply, but once by H1 status has been changed to L2, would last action from USCIS would be effective. As per my understanding, as I would be on L2, H-1B amendment does not mean anything as my status is no more H1B and only a change of status can be filed for me.

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