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questions regarding H1B to L2 change of status

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  • questions regarding H1B to L2 change of status

    Hello,

    I'm currently on H1B status, and my spouse is on L1A status. I would like to change my status to an L2 dependent and take a break from my employment. So a few questions regarding this:

    1. If I send in an application for a change of status (I-539) on a given day, and assuming that I receive the approval notice after 60 days, typically what is the effective start date of my L2 status that will be printed on the approval notice? Is it the day my application is received by the USCIS, or some later day inside this 60-day window?

    2. If I stop working (thus giving up my H1B status) after the application is received by the USCIS but before it has been approved, will I be considered out of status? Or will I be considered as being in the "waiting approval on a pending application" state? I understand that, if the application is subsequently denied for whatever reason, then I will have to leave the country immediately and apply for an L2 visa at a US consulate. But assuming that the application will be approved, is it safe for me to quit my job after filing?

    3. An alternative to filing I-539 is for me to leave the country now itself and apply for an L2 visa, however, from what I've read around, this approach doesn't seem to be mentioned much. In what ways is this better or worse than filing the I-539 change of status while remaining within the US?

    Many thanks!

  • #2
    Anyone? I would appreciate any information you can give me (such as answers to only some of my questions above) in this regard. Thank you!

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    • #3
      Originally posted by klusener View Post
      Anyone? I would appreciate any information you can give me (such as answers to only some of my questions above) in this regard. Thank you!
      1. You can request for the L2 status to start from a particular date in the form I539. Include a cover letter for that.
      2. No, as long as you have pay studs till the date of COS of L2 receipt it should be fine. It should be fine to quit after filing.
      3. This approach is the easiest, simplest and surest way of moving to L2 but most of the folks want to avoid the cost of travel and anxiety of facing a consulate interview, as it involves booking of ticket, booking of visa appointment date, and associated logistics of travelling abroad.

      This is my opinion not legal advice.

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