H1b extension denied - move to L2?

[farhat]

Hi,

My H1b extension got denied by USCIS couple of weeks ago. My I94 is expiring on 24th June 2010. My husband works on L1 in USA itself. I intend to stay back on L2 and avoid travel to India as of now.

Can I file L2 immediately or is there a cool - off period before I apply L2 since my H1b got denied recently.

If anyone has been in similar situation, please help me with this.

Regards,
Farhat

[shervin143]

Apply for L2 immediately before your current I-94 gets expired. COS to L2 is not possible with an expired I-94.

[farhat]

so does that mean that there is no cool-off period required after h1 extn denial?

[shervin143]

There is no such thing as cool-off period. You need to maintain a legal status when you are inside U.S. That is what is important.

so does that mean that there is no cool-off period required after h1 extn denial?

[farhat]

Thanks for responding.

My company tells me that I cannot file L2 as my H1 is denied and I should go back to India, stamp my L2, and then re-enter USA

I am now confused if I file L2 from here, is this anything illegal ?

If I fiile L2 and get my receipt before 24th June (my I-94 expiry date), can I stay back in USA or do I need to get L2 visa in hand to stay back?

[armathur]

Your employers attorney is correct. You have to go back to home country and come back on L2 visa with new stamping.
Please ask about the status of your original H1b, before an extension was applied. If that has been revoked, you are already illegal in the country.
It is safer for you to leave the country ASAP and not wait for June 24th and come back on L2 visa.Apply for L2 ASAP
There is nothing illegal about applying change of status to L2 while in US.
Good luck.

[shervin143]

You have two options.

1) Since your current I-94 is valid and assuming that you have all your latest pay slips from H1B and still working, you can apply for a change of status to L2. What is denied is your H1B extension. That could be because your employer failed to provide enough proof that they could provide you work or that they failed to show the documents related to employee-employer relationship or that they failed to provide any other company related documents. As long as the reason for denial is not you, you can go ahead and apply for a COS to L2. COS to L2 is completely based on your spouse's L1 petition and your spouse maintaining valid L1 status. This has nothing to do with your employer. If COS is filed before you go out of status on your current status (H1B), then you can legally stay until you get a decision from USCIS.

2) Alternatively, you can go out of the country, get the L2 stamped and re-enter in L2 visa. This will be your only option if your current I-94 has already expired or if you no longer work for your employer and doesn't have any latest pay slips.

If you have more doubts, then I suggest that you consult a good immigration attorney.

[farhat]

Thanks much for your reply.

@armathur : My company has not revoked my H1b visa.

@shervin143 : My husband has started the L2 processing and I guess getting L2 takes 2 months approx. However, if I get the receipt # after filing L2 with USCIS, I should be able to stay here on that receipt#. Please correct me if I am wrong

[shervin143]

@shervin143 : My husband has started the L2 processing and I guess getting L2 takes 2 months approx. However, if I get the receipt # after filing L2 with USCIS, I should be able to stay here on that receipt#. Please correct me if I am wrong
>>> That is correct. In case your L2 is denied, then you should be prepared to leave the country immediately. In such case, you ned to get the L2 stamped and re-enter in L2 visa.

[farhat]

Thanks much