Steve23

Hi Guys,

I hope you can help. I've just submitted all my Docs for my L1A renewal (via premium procesiing) and should hopefully get the good word by the 04th June. My wife is currently working here in the USA on a H1B.

She is adjusting her status to L2 to come onto my visa. She has told her boss that she is leaving work and they have agreed that she will be let go on the 12th of June.

As soon as she gets her AOS from H1B to L2 she can no longer work. So my question is, if we get the notice of approval on the 4th does she have to stop working immediately or is there a grace period where she has a week / 10 days to get her affairs in order before leaving the company?

On another note we will be applying immediately upon confirmation for her EAD,bus as you know this takes appox 3 months to process.

Thanks a million in advance guys, as always your help is greatly appreciated

Best regards,

Steve

MsElui

as a side note - send the EAD by snail mail rather than electronically - it can speed it up suprisingly.

Steve23

Thank you for the advice on EAD Ms.Elui, I'll be sure to do that when the time comes. Hope I can get some additional info on the other query!

Best regards,

Steve

ian-mstm

Grace periods are funny things... some visas allow 10 days, others 30 days... and, to my mind, it's never really clear which is which.

That said, your question is unclear... are you asking whether she must stop her H-1B work immediately when you get the L-1A renewed? No. She can work as long as her H-1B is valid *and* as long as her sponsor employs her. On June 12, her H-1B visa will become invalid, since she will no longer be working for her H-1B sponsor. She can not work on the L2 visa until she has an EAD in her hand... and that's about 90 days after she files. She can't work during that time. Is she out of status? No, since her L-2 visa would take effect as soon as she can get to a US border with proof of your L-1A status and a copy of your marriage certificate.

By the way, she isn't doing an AOS (adjustment of status), she's doing a COS (change of status).

Ian

Steve23

Hi Ian,

Many thanks for your reply and correction re AOS. I can see now how my question may have confused. Specifically I would like to know if, upon getting confirmation of her COS from H1-B to L2 my wife must "down tools" immediately or does she have a grace period to wrap things up?

As I mention, our best estimate is that COS will come through no later than 04th June and she has told her boss that she will work until the 12th of June. Obviously this becomes moot if it is illegal to do so, but I am wondering if there is an allowable period of time for her to settle her work affairs before leaving.

reading through your response below, it appears that she must cease working immediately upon notification?

Again, thank you for taking the time to answer my questions,

Best regards,

Steve

ian-mstm

Perhaps I was unclear earlier. Her L-2 status will not become effective until she gets a notation in her passport to that effect. I guess she's not exactly changing status from H-1B to L-2... she's abandoning one (H-1B) in favor of the other (L-2) - and she can do that at *her* convenience. Her L-2 status is *not* dependent on when your L-1A becomes effective. She can choose to change her status at any time after your L-1A becomes effective.


As I indicated, she can continue to work for her H-1B sponsor as long as they continue to employ her. Just because she gives notice for June 12 doesn't mean that she can't still work for them past that date as long as the employer doesn't mind. Once she's wrapped up her affairs with the H-1B sponsor, she can take a day trip to the US border to validate her L-2 status. Once that status is validated, she can then apply for an EAD.

Edit to add: Once her L-2 status is validated and she enters the US using that visa, she can not work until she has an EAD. Once she has the EAD, she can work for anyone she wants... including her former H-1B sponsor. During those 3 months between applying for and recieving the EAD, she can *not* work at all.

Ian

Steve23

Hi Ian,

Thanks info. My wife filed at same time as me for her L2 as if she applied separately it would have taken up to 9 months. Apparently, for the likes of me who's filing for L1A renewal, the USCIS will expedite my wifes L2 application as a courtesy providing I take the premium processing option.

So in efect we should hear from the USCIS by the 4th of June that our L1A and L2 have been granted (fingers crossed). her H1B will be invalid as her status will have changed and she technically has to stop working.

Just wondering if she can take a few extra days to wrap things up if we get the good word next week.

Apologies if I'm being exceedingly thick about the whole thing!

Best regards,

Steve

henryh

It seems she is legally required to stop working. If she continues - will ICE find out? Probably not. But she could be asked during some future visa / immigration interview if she's ever worked illegally, and then she'd either have to say 'yes' or lie, neither of which are good ideas. Is that risk worth a week of extra pay and not having to explain to the boss? That's her decision to make.

ian-mstm

Whoever told you that is an idiot. An L-2 is a dependent category... she would get it at the border on the spot with proof of your L-1A and a copy of the marriage certificate.


Wrong. Go back and re-read what I wrote. I spelled it out *very* clearly.


I don't think you're being thick, but you are apparently getting conflicting information and you are simply focussing on the incorrect information. Your choice.

Ian

ian-mstm

True... but *only* once her L-2 is validated at the border... not before.

Ian

Steve23

Thanks Ian.

You are half right on the subject of the 9 months for L2 confirmation. You are correct - if she presents herself at the US Embassy, and shows marriage cert and proof of my L1A renewal she will be given her L2 on the spot.

However; if she applies for her L2 while in the states, after I have received my L1A renewal, she would have to wait for up to 9 months. There were a number of reasons why this, and not the embassy route was an option for us.

Other points taken,

Steve

JCraigFong

Hello, Steve:

The answer is pretty straight-forward on this one. Provided your spouse's H is and remains valid, then the moment your spouse receives L-2 status -- and not one moment before -- she is no longer eligible to work for her H-1b employer.

The so-called "last action rule" is at work here. The "last valid action" on your wife's case was a change from H-1 to L-2. When her COS -- not not not an AOS -- is effective, she has no H-1 authorization to work.

When she submits I-765 to obtain EAD, and it is GRANTED, then she may return to work.

Hope that helps.

--J Craig Fong

Steve23

Dear JC,

All well understood and many thanks for taking the time to respond to my queries. All advice greatly appreciated. Have a good evening.

Best regards,

Steve