Urgent advice!! H1B extension denied -> COS to L2

[khanna1984]

Hi,

 

I came to USA on 25th Feb 2014 on L2 visa. I got I94 17-Feb-2017.

I moved from L2 EAD to H1B as I am CAP exempt in Dec-2014

 

My H1B & I94 was suppose to get expired on 1-Dec-2015. 

My employer filed H1B extension in Sep-2015. Since we didnt receive response till January-2016 so we upgraded case to premium.

 

I got RFE on 5th Feb 2016. 

My employer replied to RFE on April 19th 2016.

I was working till now & on 29th April 2016 I found that H1B extension is denied.

I am 33 weeks into pregnancy & planning to go on maternity in May-2016 as due date is in June end. 

 

My spouse is working on L1B visa. I have asked my spouse employer to change my status form H1B to L2.

 

My spouse employer are planing to file G28 & I539 by 4th May 2016. Is that OK or shall I ask them to do earlier?

 

Is currently, I am out of status?

How long I can stay out of status in USA since I am in 33 week of pregnancy?

How long it take for COS from H1B to L2?

By when I will get receipt for COS from H1B to L2?

Once I go out of US then Can I get stamped for L2 visa based on COS & come back?

Is there any chance of denial for COS from H1B to L2 since currently I am out of status?

Should I do anything else which I am not aware?

Can I file EAD along with COS from H1B to L2 or shall I file it later?

 

 

Appreciate you quick response & expert opinion.

 

Thanks!!

[pontevecchio]

Since you are in the time frame when Airlines will not let you fly, you should run your situation by the firm of Murthy for the best advice. It is likely that your COS to L2 would be approved unless the H1 employer is not so kosher.