L2 to H1 COS - Spouse going for higher studies

[vidya1979]

Hi,

I am currently on my husband's L2 visa and working with a company A on my EAD. Company A applied for my COS to H1 B in December.

My husband has got an admit for higher studies in Cananda and is planning to go in April. He would still be an employee of his company B here and is going on leave of absence to Canada.

What would happen to my status if, in case, my H1 B is still pending approval when he leaves the US for his studies?

[shervin143]

When your husband leaves U.S, he will no longer be in L1 status. There is no L2 without L1. You will go out of status on L2 and you will no longer be eligible to work. It is advisable to upgrade the case to premium and get the result within 15 days.

[kabkaba]

As stated above, you will not be eligible to work on EAD if H1 is still pending by then. But you will be allowed to stay in the US based on pending COS.