H1B to L2

[corolla2010]

Hi

I have filed for H1B transfer from Org A to B. My spouse is on L1B with another organization.

In case of any h1 transfer denial, I would like to do a COS to L2 (dependent of L1 spouse).

1. Can H1 to L2 COS be done from US and can i stay in US without going out of status from the day of filing?
2. Can i apply for L2 and EAD together or is it something that is applied only by the L1 sponsoring organization?

Any pointers in this regard will be helpful....

[kabkaba]

Are you working for either A or B at this point? Change of status can only be filed if you are maintaining status by working.

Change of status is your own application and it can be filed together with EAD application.

[corolla2010]

Are you working for either A or B at this point? Change of status can only be filed if you are maintaining status by working.

Change of status is your own application and it can be filed together with EAD application.

Well am with Org A currently and waiting on H1 Transfer to B. In worst case scenario of H1 transfer denial, i would like to apply for H1 to L2 COS + EAD. Based on some readings on various forums, people suggest the following steps:

1. Before last date of job with Org A, apply for h1 to l2 cos + ead online
2. In case H1 transfer(premium) goes through w/o any problem, withdraw the l2 cos petition
3. In case of H1 denial, the stay in US will not be out of status as the l2 cos has been already been filed.

Is this understanding correct?

[kabkaba]

Well am with Org A currently and waiting on H1 Transfer to B. In worst case scenario of H1 transfer denial, i would like to apply for H1 to L2 COS + EAD. Based on some readings on various forums, people suggest the following steps:

1. Before last date of job with Org A, apply for h1 to l2 cos + ead online
2. In case H1 transfer(premium) goes through w/o any problem, withdraw the l2 cos petition
3. In case of H1 denial, the stay in US will not be out of status as the l2 cos has been already been filed.

Is this understanding correct?

Yes.

The only problem I foresee is if H1 is approved, you join B and then L2 is approved. Your status will then be L2 as per last action rule.