Urgent Help Needed - H1B to L2 to H1B

[hetch1el2]

Hi

I need help on something really urgent.

I am currently on H1B visa and my wife is on L1 visa. Due to some problem, I might have to quit my job by the end of this month. So, I would like to change my status to L2.

1) If I file the change of status and after getting the receipt from USCIS, can I quit my job without going out of status?

2) I have used only 1 and half year of my H1B. So while my L2 is in processing stage, I can’t work as I have to wait for my EAD which might take 2-3 months. So during this period, if some employer is willing to sponsor H1B for me again, What is the process for changing back to H1B ? Is it just filing another change of status? or would it be a H1B transfer?

Thanks

[raghvi]

Hi

I need help on something really urgent.

I am currently on H1B visa and my wife is on L1 visa. Due to some problem, I might have to quit my job by the end of this month. So, I would like to change my status to L2.

1) If I file the change of status and after getting the receipt from USCIS, can I quit my job without going out of status?

2) I have used only 1 and half year of my H1B. So while my L2 is in processing stage, I can’t work as I have to wait for my EAD which might take 2-3 months. So during this period, if some employer is willing to sponsor H1B for me again, What is the process for changing back to H1B ? Is it just filing another change of status? or would it be a H1B transfer?

Thanks

1. Yes.
2. This can be tricky. H1 to L2 can sometimes take 2-4 Months and there is no premium processing for it.

If another employer files a cap exempt H1 petition while your H1 to L2 is pending it can get confusing. For the H1 to be approved, USCIS will ask you proof of maintaining valid status and all you would have is L2 filed receipt, which technically isnt a valid status. Hence you would have to wait till H1 to L2 is approved and then file a L2 to H1 again to work with the new employer.

OR
You can always leave US, and return with new employer's h1 petition on existing H1 visa (if H1 visa is valid)

This is my opinion not legal advice.