L1 to L2 Change of Status - would I be out of status during this period

[mightynaren]

Hi,

I am currently on L1B and my husband is on L1A for the same employer. I am planning to resign (due to personal reasons) this week (12-Oct) and move to L2 (on my husband's L1A). The employer is not filing my L2 until next week (17-Oct). My concern is:

1) Would I be out-of-status from 13-Oct till 17 Oct (I mean from the date of last working day until the COS to L2 is filed)?
2) If yes, is it better if I resign once the L2 has been filed?
3) What would be my status after I resign and before L2 is approved? Is there any risk that I will be out-of-status?


Thank you,
Anu

[raghvi]

Hi,

I am currently on L1B and my husband is on L1A for the same employer. I am planning to resign (due to personal reasons) this week (12-Oct) and move to L2 (on my husband's L1A). The employer is not filing my L2 until next week (17-Oct). My concern is:

1) Would I be out-of-status from 13-Oct till 17 Oct (I mean from the date of last working day until the COS to L2 is filed)?
2) If yes, is it better if I resign once the L2 has been filed?
3) What would be my status after I resign and before L2 is approved? Is there any risk that I will be out-of-status?


Thank you,
Anu

1. Technically Yes. A few days should not be a big problem as 13 and 14th are weekend dates.
2. Yes.
3. If you resign and L2 is later denied (less chances, if yoru husband has been maintaining valid L1A status) then all period after L1 till the time yu leave US would be considered out of status.

Why wait for employer to file L2? Advisable to file online get receipt and then resign.

This is my opinion not legal advice.