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Arun1986

H1B to L2 change of status (Resigning from current employer) ?

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I am maxed out on my H1B on March 2015 from the current employer and on LOP (Loss of Pay) at this moment; and also i have applied for H1B to L2 and EAD as my spouse is on L1. However the I539 petition is still pending USCIS approval. 


 


Question 1: With this said, will I be allowed to stay in United States if I resign from my current employer and not employed with any company. 


Question 2: What happens if my current employer withdraw my H1B? Is it possible to withdraw the expired H1B. 


Question 3: If yes to 2nd question, will it affect my change of status from H1B to L2 and my I539 will get approved or not?


Highly appreciate your response!!!


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1. Yes. As long as your spouse is in valid L1 status your pending COS keeps you legal to stay till decision.

2. Not relevant to you.

3. Your COS will be approved if your spouse is in valid L1 status.

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My Wife is in a similar situation.

Can you please let me know how long will it take for H1B to L2 conversion and do we have any premium processing for this.

Kindly respond and Thank you in Advance.

 

Regards,

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