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H1 with COS approved before L2 extension approval

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  • shervin143
    replied
    As per the last action rule, your current status is L2. Withdrawing the approved L2 extension now may put you out of status on L2 and will create more complication. Your status won't automatically change to H1B upon revoking the approved L2 petition. Like mentioned in the previous response, consult a good immigration attorney.

    Originally posted by preethiram View Post
    Yes, I have authorized an attorney to file my L2 extension as well as withdrawal.

    Leave a comment:


  • preethiram
    replied
    Originally posted by kabkaba View Post
    Filing such double change/extension of statuses is a problem. By last action rule your status may be L2 from the effective date. Consult an attorney on this matter.
    Btw, employers cannot file L2 extensions. I-539 must be filed (signed) by you or you must have signed something allowing an attorney to file it for you. Consider this.
    Yes, I have authorized an attorney to file my L2 extension as well as withdrawal.

    Leave a comment:


  • kabkaba
    replied
    Filing such double change/extension of statuses is a problem. By last action rule your status may be L2 from the effective date. Consult an attorney on this matter.
    Btw, employers cannot file L2 extensions. I-539 must be filed (signed) by you or you must have signed something allowing an attorney to file it for you. Consider this.

    Leave a comment:


  • H1 with COS approved before L2 extension approval

    Hi,

    I was on L2 and worked on EAD. My employer applied for H1 with COS from L2 and it got approved on Nov 9th, 2010 (I-94 valid from Nov 9th, 2010). At the same time my spouse's employer applied for my L2 extension and it got approved on Dec 7th, 2010 (I-94 valid from Mar 6th, 2011). We informed my spouse's employer to withdraw L2 extension petition as soon as my H1 was approved. They have sent a withdrawal letter to USCIS on Dec 9th, 2010. But I haven't received any confirmation or notice from USCIS regarding my L2 withdrawal. So my questions are...

    1) Since my H1 was approved with COS, is L2 extension still valid as I was no more on L2 when they were processing my L2 extension?

    2) What is the normal process for withdrawal? Does USCIS send any confirmation or notice to the applicant in case of withdrawal?

    3) What happens if I don't get the L2 withdrawal notice before Mar 6th, 2011? Will my status changes back to L2 as per Last Action Rule? Or Will I be still on H1?

    4) Will I be eligible to work continuously on my H1 even after Mar 6th, 2011 if I don't receive the L2 withdrawal notice from USCIS?

    Please help!

    Thanks in advance.
    Last edited by preethiram; 02-08-2011, 08:40 PM.

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