H1B to L2 Change of status process

[gayathri0045]

Hi,

Does anyone know if it is possible to change one's status from H1B to L2 (dependent on L1A) while in US and not required to travel to India? I understand that one cannot work while on L2 without EAD.

If so, how does the process work and how much in advance should the change of status be applied, considering H1B is getting expired in a few months.

Your advice is highly appreciated...

Thanks!

[rvisak]

Yes you can file the application as a COS - if it gets approved it will come in with a new I-94 so you won't need to travel out of US.

It needs to be filed prior to I-94 expiry - the earlier the better...for the process & details consult a good immigration attorney

[shervin143]

Read the instructions to file form I-539. Form I-539 need to be filed to change your status from H1B to L2. It takes about 2-3 months to get a decision on the COS. The COS needs to be filed before the H1B I-94 expires. The application should reach USCIS and the receipt notice should be generated prior to your current I-94 expiry date. It is advisable to file the COS at least 45 days in advance.

[kabkaba]

To add to the above, if application is eFiled, receipt date is same as the day you press the submit button. For paper filed applications receipt date is up to 2 weeks later than actual physical delivery. Receipt date has to be before I-94 expiry or last day of work. One cannot work after H1 I-94 expires.
L2 EAD can be applied in the same envelope as the I-539 and both may be approved together.