change of status from H1B to L2


h1user2k18

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My wife is currently working on H1B and her visa is expiring  next month. She is in process of applying for her extension but she’s planning to change status from H1B to L2 if the visa extension doesn’t come through.

 

I have some questions:

 

·        If a h1b extension denial comes after her visa is expired(she is filing her extension in premium), can we still apply for a change of status from h1b to L2 or she has to leave to India and apply from there?

·        Can she apply for change of status if  an h1b extension denial comes within her visa valid time?

·        Can she work while her change of status is in progress and I94 has expired?

 

FYI - i am on L1A visa 

 

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18 hours ago, h1user2k18 said:

·        If a h1b extension denial comes after her visa is expired(she is filing her extension in premium), can we still apply for a change of status from h1b to L2 or she has to leave to India and apply from there? - She will not be able to file COS. She will have to leave the US and apply for L2 Visa.

·        Can she apply for change of status if  an h1b extension denial comes within her visa valid time? - Yes, as long as  the COS is received by USCIS before her I-94 expires.

·        Can she work while her change of status is in progress and I94 has expired? - No, she will not have any status that allows her to work. She will need approved L2 EAD in hand in order to work.

 

FYI - i am on L1A visa 

 

See above.

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