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L2 to H4

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  • L2 to H4

    I was under L2 & had EAD which was valid till Dec 14, 2009.
    My husband changed his visa from L1 to H1B & his H1B status started form Oct 2009. I was working till Dec 14, 2009 using my EAD. We never applied for my status change. So now I am out of status. I think I have 90 or 180 days grace period for applying H4 visa. Please let me know whether my grace period started from Oct 2009 or Dec 14, 2009?? and whether grace period is 90 days or 180 days???
    I have plans of going to India in Feb or Mar 2010. Is it a good idea for me to apply for H4 visa in USA or shall I just go to India & get my H4 visa stamping done?? My husband is not coming with me to India & his H1B stamping in his passport is not done yet.

  • #2
    There is no such grace period. Your employment beyond Oct 1st is illegal. You are out of status now (Starting Oct 1st) and a COS to H4 is not possible from within U.S. You will need to leave the country immediately, get the H4 stamped and re-enter. The longer you be out of status, it is going to cause you issues during your stamping.
    Not a legal advice. Use of this information is strictly at your own risk.