H1B to L2 COS Queries


joshuaraj

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Hi All,

I have a bunch of questions about my current visa situation. It would be really very helpful if I could get reliable advice from a immigration expert. Appreciate your help !!

 

My current scenario

 

I was working for employer A on H1B and resigned by job on May 6th 2015. L2(My wife is on L1B) was filed on April 23rd 2015 and currently pending with USCIS. 

My 6 year H1B term ends by May 17 2015. Based on the PERM approval with my previous employer I got I797 extention/I94 was valid until June 2016. Previous employer would have now filed for withdrawal or would have already withdrawn my H1B petition. Per my second last extention filed in 2013, I797/I94 validity was until May 17th 2015.

 

Now, here are my questions

 

1. Can I legally stay in US until USCIS makes decision on my I539 COS (H1B to L2)?? 

2. I keep hearing about long processing time, is there any law that would not let me stay beyond certain timeframe (180 days, 240 days, etc)?? Could you give me more details on this?

3. Once the employer has withdrawn the H1B petition, will the latest I797 & I94 become invalid?? In that case should I consider my previous I94 date as my expiry date (May 17th 2015)??

4. L2 COS was filed by my spouse's employer and it was filed with Vermont centre (April 23rd 2015) and subsequently EAD was filed by me on (May 13th 2015) and it is filed in Texas centre. Is there any issue because its filed in two different centres? Will they be able to match the L2 COS and EAD petitions?

 

Thanks for your valuable advice. 

Joshuaraj

 

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