In the middle of H1B to L2?

[amrishgoyal]

Hi -

I am on an L1. My wife is on an H1B -but is going to get laid off. We will file for a transfer for her from H1 to l2.

Questions -

1) How much time would it take to get the L2 approval?
2)If she finds another job while the transfer is filed and approval not recieved- can she then use her earlier H1 to get the new job? How will INS deal with the two fillings?

Thanks

 

[jaxen]

Answer 2

No She cannot use earlier h1. She needs to file for a COS from l2 to h1 after she receives l2 approval. can also be done With proof of l2 filing before l2 approval, consult a lawyer.