Change of Status H1 to L2

[deepsands2000]

Hi,
I am currently on H1B visa valid from Oct 1st 2008 for a period of 3 years. I now want to change to L2 as I want to get back to school from Jan 2009. Also, my wife has her L1 valid till Feb 2009 but has filed for extension recently. Here are some of questions:
1. Should I file for my change of staus (I-539) now or wait for my wife to get her receipt from USCIS? Any advantage in either case?
2. If I file for COS right now but suppose the case is not decided by Feb 2009, would that be a case for rejection? If rejected should I refile the change of status again?
3. If I file after I get my wife's receipt number, am I sure to get the change of status and extension at the same time?
4. Also, as soon I as I apply for change of status can I resign from my job (H1B)? Is there a possibility that I might have to provide paystubs later. I want to quit by Jan 2009 by which I might not have a decision from USCIS.

I would appreciate if somebody can give me some inputs?

Thanks
deepsands2000

 

[JohnThomas82]

1 -- the only advantage could be that if your spouse's L-1 is approved, your L-2 expiration date would then be based on that extended L-1 expiration date. That being said, there could be a way where you can still file your I-539 by attaching a copy of the pending L-1 extension notice and they might be processed together. Please ask your Attorney

2 -- you are in valid status until there is a decision from USCIS on your case, as long as you filed the petition when you were in Status, even after your I-94 has expired. I believe this would hold good for 120 days after your current I-94 has expired

3 -- You will get a separate receipt # and your case's adjudication is separate from your Wife's case

4 -- Yes, you can resign and you may be asked to submit pay stubs. They are not required at the time of initial L-2 filing