change status from H1B to L2


bindhu-1

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I am on L2 and having valid EAD(L2 EAD) up to December'2015. My L2 Visa got expired but I have valid I94, as my husband L1 visa got extended and stamped.

 

Mean time, I have applied for H1 and got approved. It is valid from October'14 and my I94 got updated reference with my H1. That means my COS has been changed from L2 to H1. I am trying to get job ( attending interviews ) , but unfortunately I could not make it. Right now I do not have job. It has been for 2 months. Based on this situation I want to get status back to L2, as my husband having valid L1 and he is in USA. I have the following concerns, Please suggest

 

1. Is my L2 EAD valid after changing the status from L2 to H1 and back?

 

2. Without going out of USA, is there any process to change the COS from H1 to L2? If  yes what is the Process - Please let me know the fee, duration etc.,

 

3.if I go out of USA and returning to USA an L2 visa, while filling DS-160 what information do I need to provide for this period stay in USA ( Oct/Nov/Dec), I mean working in USA or not working. as I am in USA without job for this duration on H1

 

4. If I came back to USA on L1 visa, If I find my employer in USA can I reopen the same H1 petition? What will be my H1 petition? Is it extended from CAP?

  

 

 

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You are out of status from the day you reported to H1B employer. You need to file a complaint against employer with DOL.

1. I do not think so. I am not 100% sure about this answer.

2. You cannot do a COS as you were out of status. You need to exit and enter US with a valid L2 visa and a copy of your spouse's I797.

3. You weren't working.

4. Yes, you are cap exempt.

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