L1 to H4 (Please advise) !

[renukas]

Hi,

Am working on L1 visa in US and my husband on H1B with different company.
My husband's company has filed his 7th year H1B extension and we are still waiting for the response from INS.

I would like to resign from my job (on L1) and am in need of an advise.

1) Can we file for my H4 now even though we have not received any response for my husband's H1B petetion from INS. If we can file, Do I still need to be on L1 till I get H4 approved ?

2) Can I request my company to keep me on Loss of Pay till I get my H4 approval. Would loss of pay on L1 get me into any kind of problems for H4 process or our GC process ??

Please suggest me and any other advices are welcome. Thanks in Advance.

Renuka

[Nishant]

To continue to maintain status, you may have to continue on L visa, till change of status to H visa is approved.

You will be out of status if you stop earning from that employer without leaving USA.