L2 COS to H1b

[DVK]

I am working in US . I am holding L2 EAD now . My husband has to travel back to India on Jan 15  and he will be returning US after 4-5 months.

 

1) Can I continue my work with L2 EAD in US even if he is going to India for 4-5 months? Is it illegal to stay on L2 without L1.

 

I am planning to apply for COS from L2 to H1.Consultancies are ready to apply for my change of status/ ready to sponsor if I am in US during the filing period. If I go back to India then I cannot file for COS and i have to apply for fresh H1,which most of the consultancies are not doing for Recruiter/HR. Please suggest a best option.

 

Thanks

[jairichi]

1. No, you cannot. You have to exit along with him.

 

If no employer is willing to sponsor a H1B by consular processing then come back when your spouse comes back to US.