H1 to L2 visa

[ehelp1]

Hi,

I am currently on L2 visa and my husband is employed on L1. I have a H1 approved from USCIS that was filed by an employer who wanted me to work for them as a full time employee.

Due to business conditions of this company, they now want me to work like a contractor for them for a short term project for about 3 months and maybe continue if the business conditions improve.

As per my understanding, i will have to file for change of status from L2 to H1 for doing this work. Please help me with

1. What will be my visa status once this contract gets over in few months. Will i be no longer allowed to stay as my husband's dependant on L2.

2. Do i have an option to file for change of status from H1 to L2 without leaving US ?

Any help will be greatly appreciated

Thanks,

[shervin143]

I am currently on L2 visa and my husband is employed on L1. I have a H1 approved from USCIS that was filed by an employer who wanted me to work for them as a full time employee.
>>> When was this H1b filed? was it filed as a COS from L2 to H1B?

Due to business conditions of this company, they now want me to work like a contractor for them for a short term project for about 3 months and maybe continue if the business conditions improve.

As per my understanding, i will have to file for change of status from L2 to H1 for doing this work. Please help me with
>>> If your current status is L2, then YES. A COS from L2 to H1B need to be filed and it shuold get approved before you can start working.

1. What will be my visa status once this contract gets over in few months. Will i be no longer allowed to stay as my husband's dependant on L2.
>>> You have to file the COS back to L2. The application for the COS from H1B to L2 need to reach USCIS before your last day of employment.

2. Do i have an option to file for change of status from H1 to L2 without leaving US ?
>>> Yes. Read the above answer. If the COS gets denied, then you have to leave the country and return back in L2 visa.

[ehelp1]

H1 to L2

First of all thanks for the prompt reply. That surely helps a great deal.

The answer to your question :-
>>> When was this H1b filed? was it filed as a COS from L2 to H1B?
>>>This H1B was filed while i was in India and got approved while i was there. But since the offer was withdrawn back so i travelled on L2.

Also can you let me know :-
1. Is there a cost involved for COS ?
2. How long does it take for COS to be approved ?
3. What document proof do i get to have from USCIS(if COS is approved) that states my current visa status in US ?

[kabkaba]

For short projects you should apply for EAD based on L2 status and work with that EAD. This assumes your spouse's L1 status is valid up to the term of the project. With this there is no requirement that you maintain status by working full-time. You can start, stop or change employment anytime. But you must wait until EAD is issued before starting work.
H1 is also possible, your employer will need to file an amendment to their previous petition to change your status. You can start working after that gets approved. However, on H1 you must work and get paid according to LCA and once work is over, you must apply to change back to L2.

[ehelp1]

Thanks again !!

Can you please let me know :-

1. Is there a cost involved for COS ?
2. How long does it take for COS to be approved ?
3. What document proof do i get to have from USCIS(if COS is approved) that states my current visa status in US ?

Regards,

[shervin143]

1. Is there a cost involved for COS ?
>>> Yes. The cost varies from one employer to another. It depends on a lot fo factors like the number of employees working for the employer, Number of non-immigrant workers etc. Go to uscis.gov website and lookup the instruction to file form I-129. Based on your company size, you can calculate the rate there.

2. How long does it take for COS to be approved ?
>>> 2-3 months by normal process and 15 days by premium.

3. What document proof do i get to have from USCIS(if COS is approved) that states my current visa status in US ?
>>> Your employer will get the H1B approval notice (form I-797) from USCIS and it should contain a new I-94 at the bottom.

[ehelp1]

ok so my current sutuation has become a little more complex. My company found out the status of my H1 and that is no longer valid and has been revoked. The company and I both want to start on a project ASAP. Filing a new H1 or EAD would take about 2 to 3 months.

However i do have a B1 on my passport. Is there any way i can immediately start work on B1 if COS is allowed from L2 to B1 ?

And in the meantime also file for an EAD or H1 ?

Is there any other option you can suggest so i can start work ASAP, is there a premium mode for filing EAD ?

[shervin143]

You need a work status to work. B1 is not indented for work. There is no premium processing to get an L2 EAD. EAD on L2 is a privilege. Your only option is to wait until the COS to H1B gets approved. Why can’t you apply the COS from L2 to h1B in premium mode and get the result within 15 days and start working if approved.

ok so my current sutuation has become a little more complex. My company found out the status of my H1 and that is no longer valid and has been revoked. The company and I both want to start on a project ASAP. Filing a new H1 or EAD would take about 2 to 3 months.

However i do have a B1 on my passport. Is there any way i can immediately start work on B1 if COS is allowed from L2 to B1 ?

And in the meantime also file for an EAD or H1 ?

Is there any other option you can suggest so i can start work ASAP, is there a premium mode for filing EAD ?