L1/L2 Visa validity

[anithaa]

I am on an L1 Visa valid for next 2 years, my spouse is on L2 visa valid for next 2 years and working on an EAD which is valid for next 2 years. Currently my Spouse H1B has been picked up and under RFE. But now my project is ending in US next 30 days and my company is asking me to come back immediately as it is illegal to stay in US without an assignment and they paying me here, however even if I go back to my parent company I will continue to work on the same project. So my question is a)can I stay for one more month on my own expenses without my company paying my expenses, and work remotely ? for this do I need to change my visa status to visitor Visa? if I have to change how long does it take? b) Can my spouse stay without me in US until his H1 is stamped or can he continue to stay without me till his EAD expires.

[raghvi]

I am on an L1 Visa valid for next 2 years, my spouse is on L2 visa valid for next 2 years and working on an EAD which is valid for next 2 years. Currently my Spouse H1B has been picked up and under RFE. But now my project is ending in US next 30 days and my company is asking me to come back immediately as it is illegal to stay in US without an assignment and they paying me here, however even if I go back to my parent company I will continue to work on the same project. So my question is a)can I stay for one more month on my own expenses without my company paying my expenses, and work remotely ? for this do I need to change my visa status to visitor Visa? if I have to change how long does it take? b) Can my spouse stay without me in US until his H1 is stamped or can he continue to stay without me till his EAD expires.

a. One has to get paid and it should show in the W2. You can try to move to visitor visa but that can take 3-4 Months I would not suggest doing that.
b. No, if you are not in US on L1, your spouse L2 also would not be valid.

ITs just a matter of few months, advisable that both of you leave US together as soon as company asks you to leave. Once your spouse's H1 is approved he can go for H1 stamping, and re enter US on H1. This would be the cleanest way of doing things.

This is my opinion not legal advice.

[anithaa]

a. One has to get paid and it should show in the W2. You can try to move to visitor visa but that can take 3-4 Months I would not suggest doing that.
b. No, if you are not in US on L1, your spouse L2 also would not be valid.

ITs just a matter of few months, advisable that both of you leave US together as soon as company asks you to leave. Once your spouse's H1 is approved he can go for H1 stamping, and re enter US on H1. This would be the cleanest way of doing things.

This is my opinion not legal advice.

Thanks Raghavi for the reply, however I was not on W2 on on US pay rolls. I was been paid a per dime and the house rental part and Insurance was taken care by my company. so technically I was still on parent country pay rolls and doing 2 roles till date on shore and off shore role. my only wish is that I just stay for few days until the H1B status is confirmed.

[raghvi]

As I said, if its hardly few days why go through all this trouble. If you want to jeopardize your future immigration records for the sake of staying few extra days in US, its your call.

With US immigration , in my opinion one should plan for long term rather than short term benefits and gains.

Yes, if you doubt your spouse will get H1 stamped in passport due to the employer not being a good one, then its a different story, but if H1 employer is genuine, and has a clean record would not suggest taking chances, rather doing things cleanly.

This is my opinion not legal advice.