L2(EAD)-->H1B COS

[roopashri]

Hi,

 

I have an L2 EAD valid until Jul 2015. We applied for H1 B and my H1B was approved this year. Unfortunately the requirement for which I was supposed to be working after my H1 approval is no more. So I am in search of new job. My employer indicated to me that he hasn't applied for a change of status from L2 EAD to H1 yet since I do not have a job yet. Following are my questions. 

 

1. Does change of status occur automatically from October 1st for L2 to H1?

2. If change of status is automatic and effective from 1st October, then as I am not currently employed, is my stay unlawful currently? 

2. My employer indicated that he will be applying for a change of status once I get a job. Are there any risks involved in this?

3. Am i currently on L2 or H1B visa? 

4. If my stay is unlawful now. How do I correct it? I am looking for jobs and expecting to find one pretty soon.

 

Appreciate any help in answering these questions. Thanks in advance! 

[jairichi]

1. Just don't trust whatever employer says. Check your I797. If it has I94 then it is approved as COS effective from 1st Oct.

2. Then you will be considered out of status.

3. No.

4. If approved as COS then you are on H1B. Otherwise L2.

5. Searching for job is your employer's responsibility and not yours. If you are in H1B status then you need to file a complaint with DOL against employer.

[pontevecchio]

Your employer seems to be a rogue. Any reason why you did not want to stay in L2 status?

[roopashri]

Thanks for responding jairichi. Actually my employer is not willing to share me a copy of I797 as he thinks I may switch companies. I have requested a lot of times.  Is there any other alternative to know my status?

Thanks for responding pontevecchio. My L2 and my husbands L1 expires next year mid. We are not hopeful on L1 extension approvals as we have heard of more rejections than approvals for L1 extension cases. Hence we had planned for H1 this year. Mine got through but I am in a hung and confused situation right now. I am worried about my status\unlawful presence if it takes a little longer for me to get a job. Is there any other alternative to know my status?

[pontevecchio]

Do you have the H1 approval in hand? Does it have an I94 attached? . You can always leave and return in L2 status and give it a few months to find a suitable H1 sponsor assuming your H1 is actually approved.

[jairichi]

If you have the petition number that will be more helpful to move to a new employer by getting a cap exempt H1B petition filed.

[roopashri]

Do you have the H1 approval in hand? Does it have an I94 attached? . You can always leave and return in L2 status and give it a few months to find a suitable H1 sponsor assuming your H1 is actually approved.

Thanks for the response. I have the receipt number and the status appears as approved in USCIS site. However since the my employer is not ready to share the petition copy, I am not sure on the i94. Could you please elaborate on how to change my status back to L2 until i find a suitable job and sponsor? I believe this time I need not go through the lottery process again since my petition was approved? Thanks!

[roopashri]

1. Just don't trust whatever employer says. Check your I797. If it has I94 then it is approved as COS effective from 1st Oct.

2. Then you will be considered out of status.

3. No.

4. If approved as COS then you are on H1B. Otherwise L2.

5. Searching for job is your employer's responsibility and not yours. If you are in H1B status then you need to file a complaint with DOL against employer.

Thanks for responding jairichi. Actually my employer is not willing to share me a copy of I797 as he thinks I may switch companies. I have requested a lot of times.  Is there any other alternative to know my status?

[roopashri]

Your employer seems to be a rogue. Any reason why you did not want to stay in L2 status?

Thanks for responding pontevecchio. My L2 and my husbands L1 expires next year mid. We are not hopeful on L1 extension approvals as we have heard of more rejections than approvals for L1 extension cases. Hence we had planned for H1 this year. Mine got through but I am in a hung and confused situation right now. I am worried about my status\unlawful presence if it takes a little longer for me to get a job. Is there any other alternative to know my status?

 

[jairichi]

Thanks for the response. I have the receipt number and the status appears as approved in USCIS site. However since the my employer is not ready to share the petition copy, I am not sure on the i94. Could you please elaborate on how to change my status back to L2 until i find a suitable job and sponsor? I believe this time I need not go through the lottery process again since my petition was approved? Thanks!

If you would like to stay on L2 status then exit and enter US with a valid L2 visa and a copy of your spouse's I797. Anytime later based on your petition number a new employer can file a cap exempt H1B petition with COS.

[pontevecchio]

Discuss options with a Lawyer. The problem is not that complex. Did he charge you to file the petition?

[roopashri]

Discuss options with a Lawyer. The problem is not that complex. Did he charge you to file the petition?

Yes, we paid for filing petition.

[roopashri]

If you would like to stay on L2 status then exit and enter US with a valid L2 visa and a copy of your spouse's I797. Anytime later based on your petition number a new employer can file a cap exempt H1B petition with COS.

oh ok. Thanks a lot. This information is definitely helpful. So won't it be a problem even if my H1 is approved and I enter USA with an L2 visa? Will there be any issues at the Port of entry since my status would be shown as H1 over there? Also will my EAD which was valid till july 2015 be still valid upon exit and reentry to USA or do i need to apply for a fresh EAD if i have to continiue working on L2 for sometime?

[jairichi]

Yes, we paid for filing petition.

That is illegal.

[jairichi]

oh ok. Thanks a lot. This information is definitely helpful. So won't it be a problem even if my H1 is approved and I enter USA with an L2 visa? Will there be any issues at the Port of entry since my status would be shown as H1 over there? Also will my EAD which was valid till july 2015 be still valid upon exit and reentry to USA or do i need to apply for a fresh EAD if i have to continiue working on L2 for sometime?

It will not be a problem if you have valid L2 visa and a copy of your spouse's I797. You just have to cross the nearest border and enter and ask for new I94 based on your L2 visa. Your EAD will be valid and no need to apply for a fresh one till expiry. As Pontevecchio told you talk to an attorney.

[roopashri]

It will not be a problem if you have valid L2 visa and a copy of your spouse's I797. You just have to cross the nearest border and enter and ask for new I94 based on your L2 visa. Your EAD will be valid and no need to apply for a fresh one till expiry. As Pontevecchio told you talk to an attorney.

Sure, Thank you!

[roopashri]

Sure, Thank you!

Hi jairichi,

 

I finally got my H1 I797 copy and the H1 is effective 1st October 2014. So now since I am not on payroll from 1st october till date, will it be safe for me to exit and enter USA using my spouses L1 i797 and my L2 visa which was earlier stamped and valid till July 2015? Or is there any other way of applying for a change of status without exiting USA? If so can I apply the COS or will it have to be the H1 consultant or my husband's company for H1-->L2 cos? Thanks

[pontevecchio]

You had 2 months to report. Hence you are OK. Coming back on the L2 is fine. You can USE A LAWYER and file a COS back to L2. Stay well away from this consultant in future. The problem is by paying him you lose your ground in complaining. Otherwise I would have asked you to file a DOL complaint which would help you to stay and hold a rogue accountable.

[jairichi]

Hi jairichi,

 

I finally got my H1 I797 copy and the H1 is effective 1st October 2014. So now since I am not on payroll from 1st october till date, will it be safe for me to exit and enter USA using my spouses L1 i797 and my L2 visa which was earlier stamped and valid till July 2015? Or is there any other way of applying for a change of status without exiting USA? If so can I apply the COS or will it have to be the H1 consultant or my husband's company for H1-->L2 cos? Thanks

Since your employer lied to you and did not pay you it is better to file a complaint with DOL. This will get your salary for these days and also allow you to apply for a COS to L2 without the need of pay stubs and leaving country.