L2 Visa about to expire

[grajsaxena]

Hi

My L2 Visa is valid till 18th Nov'12. My spouse has already got the H1B visa approved wef 1st Oct, however the employer forgot to file my H4 with H1. They have now submitted the application for H4 visa last week and it would take 90-120 days to get a decision.

Question:

Would I become out of status after 18th Nov'12?

Would you recommend going back to the home country before the current visa is expired? or should I wait for the H4 decision?

[raghvi]

Hi

My L2 Visa is valid till 18th Nov'12. My spouse has already got the H1B visa approved wef 1st Oct, however the employer forgot to file my H4 with H1. They have now submitted the application for H4 visa last week and it would take 90-120 days to get a decision.

Question:

Would I become out of status after 18th Nov'12?

Would you recommend going back to the home country before the current visa is expired? or should I wait for the H4 decision?

As your spouse is no longer on L1 your L2 is also not valid hence you are already out of status wef 01-Oct-2012. Advisable to leave US immediately and return with H4 stamping.

This is my opinion not legal advice.

[grajsaxena]

So even if the I-94 is valid till 18th Nov'12, I am currently out of status?

Also, I cannot stay here while H4 petition is in progress?

[raghvi]

So even if the I-94 is valid till 18th Nov'12, I am currently out of status?

Also, I cannot stay here while H4 petition is in progress?

Your I-94 was tied to your L2 and your L2 is tied to your spouse's L1. When Spouse is no longer on L1 you are no longer on L2 and associated I-94 is also not valid.

To be in US while H4 COS is happening you have to be in status. They might ask proof of primary L1 status and since your spouse is not on L1 you will nto be able to provide that evidence hence yoru COS to H4 will get denied and by the tiem that decision comes you would have accumulated lot of out of status and illegal period. To avoid this its best to leave US and return after gettign H4 stamped.

This is my opinion not legal advice.