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  • need info

    Hi,

    one year back I joined a job with my L2 EAd and then later my employer sponsered me H1. So my status now got chnaged from l2 to H1. Now that I see some lay offs in my company, what will be my status if I am affected during this layoff? AFAIK if my payroll is not active for more than a month my H1 will go void. So will my status be moved back to L2 automatically? Or do i need to get the staus updated from H1 to L2?
    Please let me know...

    Thanks,
    Bethea

  • #2
    It is not automatic. You will either have to file a COS back to L2 or leave the country and return back in L2 visa.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for the info shervin143. Withing how many days should I do this? and where can I get moe info on this?

      Thank you.

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      • #4
        On H1 you always get paid. If the employer terminates your employment they must pay for your return airfare. If they terminate your employment and you want to stay in the US in L2 status. You will need to file I-539 before your last day at work. This assumes your spouse is maintaining L1 status.
        This is my opinion and not legal advice.

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