L2-H1 (stamping)

H

hamsa1

New Member
I am currently on a l2 Visa. My Visa expired in July 2006 but have L2 extension approval till the July of 2008. In the meantime, I had applied for a H1 B and it has got it approved. H1 approval came aftefr L2 petetion approval. At this time I do not want to get on to H1 and would like to remain on L2 Status as I will not be working for a few months. My questions are:

1. Is it possible to withdraw my H1 and continue to be on L2?
2. Do I have to return to home country before Oct 1st and get a L2 stamped?
3. If I am in US on Oct 1st will my status automatically change to H1?
4. What is the process I have to adopt to remain on L2 status?
 
hamsa1 said:
I am currently on a l2 Visa. My Visa expired in July 2006 but have L2 extension approval till the July of 2008. In the meantime, I had applied for a H1 B and it has got it approved. H1 approval came aftefr L2 petetion approval. At this time I do not want to get on to H1 and would like to remain on L2 Status as I will not be working for a few months. My questions are:

Did you get new I-94 with H1? (Was it COS application?) ... If not then...

1. Is it possible to withdraw my H1 and continue to be on L2?
YES
2. Do I have to return to home country before Oct 1st and get a L2 stamped?
NO... whenever you are ready to work on H1 go to homr country or Canada/Maxico and get it stamped
3. If I am in US on Oct 1st will my status automatically change to H1?
No... but if it is COS application then it will (if you got new I-94 with H1)
4. What is the process I have to adopt to remain on L2 status?
Click to expand...
YES....
 
I have I-94 with H1. What are my options to continue on L2 without having to travel outside country.

What happens If I do not have a job on Oct 1st in US? Is it possible that I will go out of status completely?
 
hamsa1 said:
I have I-94 with H1. What are my options to continue on L2 without having to travel outside country.

What happens If I do not have a job on Oct 1st in US? Is it possible that I will go out of status completely?
Click to expand...

Well you can still stay on L2. Because you are on dependent visa, things should not be as complex with you. You will not go out of status, as per some legal openion altough your status has changed to H1 as per "last action rule" but till the time your eralier status has not being withdrawn, you can continue to stay on that status -- in your case L2.

You have 2 choices

1. If you do not get job on H1 - you can stay on L2 (either apply for COS again if required - suggest take lawyer help on this)
2. Just continue to stay as is... you are in status anyways with H1

In my openion.... your case is quite easy... as you are on dependent visa
 
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