Currently on L2S . H1B approved but got laid off

[Preethi55]

Hi , 

I am currently working on L2S visa and my H1b got approved this year-2024 and will be effective from Oct but I got laid off and my last working day is 11/11. 

These are my options - 
1. I am trying to find a project within the same company before 11/11 , if I find one - no issues .

2. If not , H1b will be invalidated by my current employer after 11/11 ,  

3. And If I don’t find a new employer for H1b transfer before my 60 days grace period , I am planning to apply for change of status to L2S . 
 

Here are my questions - 

1.  How long does it take for change of status from H1B to L2S? 
2. Is there an option for premium processing ? 
3.  Can I search for jobs while change of status is in progress ?
4 . Will I be considered as an L2S candidate while my change of status is in progress ? 
 (Or) 

5. I can’t search for jobs while but just allowed to stay in USA while change of status in progress? 
6. I will not have a job while applying for change of status, would that be a problem for approval? 
 

Should I just avoid all these problems and ask my current employer to revoke my h1b before the effective date - Oct 2024 ? 
 

I really wanted this H1b but is it worth all the hassle ? On top of all these I am about to delivery my baby in Nov2024 . Please advice . 

 

[pontevecchio]

Join the H1 employer and work for a couple of weeks. This validates your cap-subject H1 and gives you potentially almost a total of 6 years in H1 status. 

File a COS to L2S in early October. A pending COS lets you stay. Once you have been at home for a few months with the new arrival, you will have L2S status by then and also the ability to use H1. Any potential employer can file and use PP to get your H1 approved. 

 

Congratulations on the Baby.