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  • H1 to L2

    Hi,

    Current situation:
    I am on H1B visa, it will expire in Sep 2010 only. I got L2 stamping too in my passport before travelling to US on H1B visa. I was working and got paid until Sep 15th, 2009 (pay period ended Aug 31st). From Sept 1st to Oct 30th, I have provided an unpaid vacation letter to look for projects and it had been signed by me and HR Director. They are ready to extend my unpaid vacation, if needed.
    Meantime my wife is in US on L1 visa, her visa and also I94 expired on Sep 18th, 2009. Her employer filed extension only on Sep 11th and awaiting receipt number

    Queries:

    1. My wife's company had not provided us any proof of delivery / submission of L1 extension, hence we need to wait for the receipt to apply for L2.
    If we dont get the receipt by Sept 30th, Can I prolong my wait before applying L2?
    2. After we get the receipt #, If I apply for L2, what will be my status immediately after applying? Is it L2 or H1?
    3. If my status (between applied and before L2 approval) will be L2,
    a. Do I need to quit before applying?
    b. If L1/L2 gets rejected, will I be considered 'out of status' during this stay?
    c. Before L2 approval, if I get a project, can I cancel my L2 application and apply COS to H1B?
    4. If my status (between applied and before L2 approval) is still H1B,
    a. If the process takes few more months, is there a chance for RFE for the latest pay stubs for the period between L2 applying and RFE date?
    b. Before L2 approval, if I get a project, can I cancel my L2 application and continue on my H1B?

  • #2
    Status update, hence the remaining questions

    We received the receipt number for my wife's L1 extension so I can apply for L2 now, before the next pay period (Sep 30th).

    So, the remaining questions are as below

    1. If I apply for L2, what will be my status immediately after applying? Is it L2 or H1?
    2. If my status (between applied and before L2 approval) will be L2,
    a. Do I need to quit before applying?
    b. If L1/L2 gets rejected, will I be considered 'out of status' during this stay?
    c. Before L2 approval, if I get a project, can I cancel my L2 application and apply COS to H1B?
    3. If my status (between applied and before L2 approval) is still H1B,
    a. If the process takes few more months, is there a chance for RFE for the latest pay stubs for the period between L2 applying and RFE date?
    b. Before L2 approval, if I get a project, can I cancel my L2 application and continue on my H1B?

    Comment


    • #3
      1. Nothing. Period of authorized stay.
      2. No, it will not be L2 unless the L1 extension and L2 get approved.
      a. You need not quit before applying.
      b. Yes, it will be illegal stay not just out of status.
      c. Read about "bridging" on the forum.All bridge petitions must be approved for the link to be good.
      3. No, you don't hold a status.
      a. The last paystub that you need is for the period prior to the L2 application only.
      b. You need to have the H1b approved again as a COS before you can begin work. You could also get EAD and begin work on that and then have the H1b processed.

      ps: Simplify your posts. It takes a lot of patience for one to read through and respond.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment

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