H1B to L2

[raiiny2707]

Dear Friends, I am in a situation which is following

I am on L2 visa and recently got my approved L2 petition extension along with my spouse's L1 extn till Nov 2018 on Oct 15,2016. Currently I am working on L2 EAD With Employer A.   

I applied for H1 in Apr, 2016 (as a fallback option) via Employer B and got my approved H1 visa on Nov 14th, 2016. 

 

My questions are 

 

Question 1: Since my status now is H1B, how can i continue to work on L2 EAD with employer A? 

Question 2: If I ask employer B to revoke the approved H1B petition, would i come back on L2 OR go "Out of Status"?

Question 3: Do i need to apply for Change of Status (COS) ?

Question 4: If Employer B starts revoke process, and in parallel i apply change of status to L2, during this time, can i continue to work on L2 EAD the way i am working so far..? 

Question 5: I have a planned visit to India, would i be able to use my approved L2 petition while going for stamping? knowing that my current status is H1B. would this H1 status void my approved L2 petition..?

 

In a nutshell, our whole interest is to continue L2 status and get the L2 visa stamped (as current visa expired on Nov 16, 2016) during India visit. 

 

Many Thanks

Ash

[pontevecchio]

You would use the approved L1 PETITION to get a L2 visa and then come back in L2 status.

[raiiny2707]

Thanks for your kind response pontevecchio

Do you mean, i will have to step out of the country to come back on L2 status..? just revoking my approved H1B will make me out of status..?

[JoeF]

6 hours ago, raiiny2707 said:

Thanks for your kind response pontevecchio

Do you mean, i will have to step out of the country to come back on L2 status..? just revoking my approved H1B will make me out of status..?

Yes. There is no "automatic fallback." If you don't work for employer B with the H1, you are out of status. And that's even without H1 revocation. Any work for an employer other than B results in you being out of status. H1 revocation means that employer B has laid you off, so  you are also out of status.

You need to either file a change of status to L2 or leave, and reenter with an L2 visa.

[pontevecchio]

You are in H1 status now if your H1 petition with COS from L2 has been approved. Revocation of the H1 is nothing to do with you and is an administrative requirement. If you leave and return on the L2 visa, you can continue to work for A in L2 status.

[raiiny2707]

Current status is H1b  and If I will go for L2 visa stamping based on extended petition came before H1B, can the current status H1b create any issues in L2 visa stamping?

 

[pontevecchio]

Nothing called L2 petition. You had L2 status extension based on the valid L1 status of your spouse. You will apply for a L2 visa based on valid L1status of your spouse.

[raiiny2707]

Thanks for the quick response. So as per the advice, Summarizing the due course and plan we intend to execute to continue maintaining the L2 (along with EAD) 

 1

.            Will inform H1B employer on my inability to join them. (Ps Note: as per USCIS website my wife’s H1B got approved on Nov 14th and H1 B is the status as pet the last rule of action .)

2.            We  file COS (i539) in a day from H1B to L2

3.            At the same time, we go on planned vacation on Dec  and get L1/L2 stamped during scheduled appointment of Dec 30th in New Delhi

 

I understand that going on vacation will void the COS, but I think this action would showcase our clear intention of not coming on H1, or would you suggest not even applying for COS?

Please share your thoughts?