L2 visa and H1B laidoff

[sunran]

Dear Members,

 

I 'am on L2 visa and have EAD (I -94 expiry - May 2014). Recently I got my H1b approved. 3 Oct 2013.

Does my L2 visa is still vaild and only my EAD is changed to H1b.

If I did not get project in next one month till Oct 2013 end and my H1b is withdrawn. Does I have to reapply for EAD.

After the withdrawal of H1b if I get a project say in Nov or Dec 2013. can the new employer can file for the cap-exempt H1b for me. Can it be done throughout the year anytime and will it be vaild till next 6 years.

Thank you for taking the time to review my post and your kindness is sincerely appreciated. 

[jairichi]

Dear Members,

 

I 'am on L2 visa and have EAD (I -94 expiry - May 2014). Recently I got my H1b approved. 3 Oct 2013.

Does my L2 visa is still vaild and only my EAD is changed to H1b.

If I did not get project in next one month till Oct 2013 end and my H1b is withdrawn. Does I have to reapply for EAD.

After the withdrawal of H1b if I get a project say in Nov or Dec 2013. can the new employer can file for the cap-exempt H1b for me. Can it be done throughout the year anytime and will it be vaild till next 6 years.

Thank you for taking the time to review my post and your kindness is sincerely appreciated. 

You should be working for H1B employer and paid from Oct 1st 2013. If not you are out of status. Employer has to pay you whether project is available or not. If your employer is not paying you then file a complaint with DOL.

You need to apply for a COS to L2 and also EAD renewal.

Yes, you will be cap exempt and upon approval of a cap exempt H1B petition you can start to work immediately.

[JoeF]

You are in H1 status now, and need to work for the H1 employer.

The L2 and the L2-EAD are invalid.

You can change back to L2 status, with form I-539.

[pontevecchio]

Report for work and make sure you will be paid on bench. If he does not pay you in a month leave and come back on the L2 visa and look for work after reporting him to the DOL. Why would you not understand that looking for a project will not help any longer. Once you report for work he has to pay you until he revokes your H1 in writing with USCIS and also terminates you in writing even if takes months. Did you make a financial transaction with him to file your H1?