H1B to L2

[Rachana.Patel]

Hi all,

One of my friend was on L2 and started to work for Company A. Company A sponsered her H1B but she left that job and told them to withdraw H1b petition.
But her company forgot to withdraw it and didn't send update on that. But few days ago her employer send notice of action, but she is not working right now and she does not want to work.
And her husband has valid I-94 but his visa already expired, can she apply for change of status from H1B to L2?

Thanks in advance.

[raghvi]

Hi all,

One of my friend was on L2 and started to work for Company A. Company A sponsered her H1B but she left that job and told them to withdraw H1b petition.
But her company forgot to withdraw it and didn't send update on that. But few days ago her employer send notice of action, but she is not working right now and she does not want to work.
And her husband has valid I-94 but his visa already expired, can she apply for change of status from H1B to L2?

Thanks in advance.

While on H1 one should not stop working as per ones fancy without first converting to another lawful status.

If she is still on H1B and not working and not getting paid then she is out of status. She wont be able to change from H1B to L2 as she wont be able to prove she is in H1 status.She is accumulating out of status period.

If her L2 has already expired I am afraid that she would have to leave US to avoid accumulating more out of status. Once outside US she will have to get another L2 by attending interview outside US.

This is my opinion not legal advice.

[kabkaba]

She may be able to change status, but she will have to prove that she had requested the company to withdraw the petition (an email will do) and the change of status could not be avoided because of circumstances beyond her control. She should consult a lawyer to avoid potential consequences of this out of status period.