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My wife had to resign from her current organization. She has a valid H1 till end of next year. She is looking for other opportunities. Do we have defined period that she can stay without a sponsorship?
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0 Days. If she hasnt filed for a change of status from H1 to some other status before her last day she is already out of status.Originally posted by gopalpani1 View Post
This is my opinion not legal advice. -
That is correct, she cannot stay in the US without maintaining H1 status. If she resigned on her own, the employer is not even required to pay for her ticket to home country.This is my opinion and not legal advice.Comment
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H1 to L2 conversion
How do we convert the H1 to L2 without going out of country. My spouse has valid L2 and she had to change the status to L2 because she had to resign from H1Comment
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If you can add more clarity to your questions it will be easier to understand. Here is what I understand till now.Originally posted by gopalpani1 View Post
1. You entered US on L1.
2. Your wife got H1 petition approved and transferred from L2 to H1. OR your wife already had H1.
3. For some reason your wife resigned and hence moved from H1 to L2 (as you mentioned she did change of status to L2)
If your spouse is already on L2 I dont understand why you need to convert H1 to L2. If your wife is not yet on L2 then since she is out of status, since she is not working on H1, the only way to go to L2 would be to leave US and enter US on L2 visa.
This is my opinion not legal advice.Comment
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I am on L1 and she came with me on L2 and stated with me for sometime on long leave. Her employer processed her with H1 and she went back to India to get H1 stamping and came back to US on H1. Now since there are no projects from her employer, they had asked her to go back to India or resign. She had opted out to resign hoping that she can find some job opportunities with H1. Unfortunately this is taking some more time than anticipated. My question was how to convert her status from H1 to L2 without moving out of US.Comment
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If your apouse has already resigned and is no longer getting paid, I am afraid she has to leave US and return on L2.Originally posted by gopalpani1 View Post
If your spouse hasnt already resigned, beofre her last workign day, what you need to fill is called the Change Of Status Form, 1539. You can do EFiling too. if you give " uscis 539" in Google there is link for "Instructions for Electronic Filing of Form I-539 - uscis".
Further, once on L2 you can process her EAD too which will give her the fleixibility of searching for a job and working without going to H1. Of course for her to maintain L2 , you should be maintaining valid L1 status.
This is my opinion not legal advice.Comment
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