h1b to l2 status

[joyar1979]

Hello,



Firstly, let me start over by thanking you for your help and advise.



My wife and I work for the same company and she is on H1 and I am on L1A. Her H1 I94 got expired on Jun 18, 2014 however our company filed her petition well before the expiry date but she had to reassign from the company due to personal reasons and didn't take up job her anywhere. We filed I539 change of status to my L2 however on Jun 17th USCIS rejected saying that the case was filed improperly and requested to file again.



Her last date on the company pay roles was Jun 30th, 2016 and our company said they don't invoke or withdraw the petition back



Could you please advise if she becomes an illegal automatically or we are good since my company is going to refile the i539 again. Thank for your help once agaiin

[mindrd]

Hello,



Firstly, let me start over by thanking you for your help and advise.

My wife and I work for the same company and she is on H1 and I am on L1A. Her H1 I94 got expired on Jun 18, 2014 however our company filed her petition well before the expiry date but she had to reassign from the company due to personal reasons and didn't take up job her anywhere. We filed I539 change of status to my L2 however on Jun 17th USCIS rejected saying that the case was filed improperly and requested to file again.

Her last date on the company pay roles was Jun 30th, 2016 and our company said they don't invoke or withdraw the petition back

Could you please advise if she becomes an illegal automatically or we are good since my company is going to refile the i539 again. Thank for your help once agaiin

Up to the point of filing of the new 539, from the date of termination of her prior H1, she is in an unlawful status. However, she is authorized 10 days to depart. since you improperly filed the application, she may have to counselor process overseas and not submit a 539 with USCIS.