H1toL2

Hi,

I am working on H1B visa, got my paycheck on sep 15th, on unpaid vacation for Sep-Oct. I want to apply for L2 as my spouse is on L1B as I might get laid-off from the current job.

I intend to file I-539 for COS to L2.

My questions:
1. While COS to L2 is applied, Can I continue to work on my H1B until L2 is approved? Should I quit my current job after I applied COS?

2. If my circumstances change and if I have to continue on H1B, is there a way to cancel my L2 application before its approval?

3. If I cannot cancel my L2 petition and if I continue to work on H1B after applying, what should I do to work on H1B if my L2 gets approved? Should I once again apply COS to H1B then?

4. I read in the forum that I simply can go to US border and get L2. Please elaborate on this.

Appreciate your help.

agentred

I'm no expert, but I THINK:

1. Yes you can keep working, no you don't have to quit your job after applying.
2. Yes you can cancel
4. Don't do this!

All of this information is inferred from others so please wait for a lawyer/accolyte to confirm. Good luck!

H1toL2

can somebody help me on this, please?

ian-mstm

Yes.


No. If you quit, your H-1B becomes invalid and you are immediately removable from the US.


Probably - but why would you want to? Even if you have two valid visas you can be in the US on only one of them.


If the L2 is approved, it does not necessarily follow that you must change to L2 status. You can remain H-1B if you want.


The L2 is a derivative visa. To get it, all you need is proof of your spouse's L-1 visa and a copy of your marriage certificate. You can not get a visa while you are inside the US - you can only get a visa when you are outside the US... therefore you must leave the US and seek re-entry.

That said, you can be in the US on only one visa... in your case, either H-1B or L2. Even if you have both visas in your passport, you can only be admitted either as an H-1B *or* an L2. If you are currently in H-1B status, the only way you can activate the L2 status is if you leave the US and re-enter using the L2 visa.

You can *not* mix the two visas... you must be one or the other.

Ian

Socal Local

You might also need to consider how long you have been in the US and how this change affects how long you can remain, as time in H status counts towards the time you are allowed in L and vice versa. I am not 100% sure how the rules work, but I would guess you can only be in L2 status for a max of 5 years, with any years you have already spent as an H1B counting towards this time.

H1toL2

Thanks Socai Local,

I have been in US for the past 23 months on H1B and I have 12 more months left in I-94 and visa. There is no issue on this.

All my doubts is

1. Can I continue work after applying for L2? Most are saying yes.
2. Can I apply for L2 and go back to mu country at any point, if needed?

meauxna

Ian are you sure about this? He's talking about applying for change of status. Therefore, if it's approved, he is then in L-2 status. He would not have emp auth until he applied for + received the EAD from the L-2.

If he does the L-2 as a visa instead of a COS, he has the same problem, but has a travel document. The COS option does not give him a travel document.

dh010447

1. Yes. Once you enter the US in that status however, you cant work without an EAD.
2. Yes.

H1toL2

Thanks dh010447,

Let me be more clear on my questions

1. Can I continue work on H1B during the period after applying COS to L2 and before approval of L2?
2. Can I go back to my Country after applying COS to L2 and before approval of L2, if needed?
3, In that case will the L2 approval be sent to my communication address where my spouse can collect the same?

Sorry to be more particular, I just want to make sure I dont go against the law.

meauxna

You need to get clear on the differnce between 'status' and 'visa'.

If you do option 2, apply COS to L-2 and then you leave the US before or after approval, you will not have an L-2 travel document (visa) unless you go to a Consulate while you are out of the US.

I suppose you could play around with trying to reenter on the H, before the L COS is approved, but you'd still have to be in H status (have the job) at minimum and it seems like there is a lot of room for error there.

You need to be more and even more particular to check out your plan(s) before you do anything, IMO.

H1toL2

Thanks meauxna.

Can somebody answer the first question please?

ian-mstm

You're absolutely right... he did say COS, and once I started writing I didn't give it a second thought.

Ian

ian-mstm

Yes, you can.

Ian