Urgent advice!! H1B extension denied -> COS to L2


khanna1984

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Hi,

 

I came to USA on 25th Feb 2014 on L2 visa. I got I94 17-Feb-2017.

I moved from L2 EAD to H1B as I am CAP exempt in Dec-2014

 

My H1B & I94 was suppose to get expired on 1-Dec-2015.

My employer filed H1B extension in Sep-2015. Since we didnt receive response till January-2016 so we upgraded case to premium.

 

I got RFE on 5th Feb 2016.

My employer replied to RFE on April 19th 2016.

I was working till now & on 29th April 2016 I found that H1B extension is denied.

I am 33 weeks into pregnancy & planning to go on maternity in May-2016 as due date is in June end. 

 

My spouse is working on L1B visa. I have asked my spouse employer to change my status form H1B to L2.

 

My spouse employer are planing to file G28 & I539 by 4th May 2016. Is that OK or shall I ask them to do earlier?

 

  1. Is currently, I am out of status?
  2. How long I can stay out of status in USA since I am in 33 week of pregnancy?
  3. How long it take for COS from H1B to L2?
  4. By when I will get receipt for COS from H1B to L2?
  5. Once I go out of US then Can I get stamped for L2 visa based on COS & come back?
  6. Is there any chance of denial for COS from H1B to L2 since currently I am out of status?
  7. Should I do anything else which I am not aware?
  8. Can I file EAD along with COS from H1B to L2 or shall I file it later?

 

 

Appreciate you quick response & expert opinion.

 

Thanks!!

 

 

 

 

 

 

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