Change of Status from L2 to H1

[Kalladi2014]

Hi. I'm currently on L2 EAD and expiring on 15-Sep. I got H1 approved as consular processing this year. My spouse L1A is also expiring on 15-Sep. Their company applied L1A extension and it is in progress. Not sure if I will get the approval by 30-Sep. I can stay until I get approval for L2 extension. But I need to change the status to H1 as my spouse need to leave the country soon(due to max out of 7 years)

Can you please respond for the questions below,
1) Do I need to go back to India and get it stamped for change of status to H1 or will it automatically change it to H1 after 1-Oct if I continue to stay here
2) Or can I need to apply for the change of status once I have L2 approval. If so, do I need to wait for this change of status for my work authorization (as I dont have EAD from 15-Sep). Please clarify

[raghvi]

Hi. I'm currently on L2 EAD and expiring on 15-Sep. I got H1 approved as consular processing this year. My spouse L1A is also expiring on 15-Sep. Their company applied L1A extension and it is in progress. Not sure if I will get the approval by 30-Sep. I can stay until I get approval for L2 extension. But I need to change the status to H1 as my spouse need to leave the country soon(due to max out of 7 years)

Can you please respond for the questions below,
1) Do I need to go back to India and get it stamped for change of status to H1 or will it automatically change it to H1 after 1-Oct if I continue to stay here
2) Or can I need to apply for the change of status once I have L2 approval. If so, do I need to wait for this change of status for my work authorization (as I dont have EAD from 15-Sep). Please clarify

When is your spouse's 7 Years physical stay in US completing? When are the I-94 expiring? Are L2 EAD employer and H1 employer same?

1. As your H1 was approved as consular process you would not automatically move to H1 from 01-Oct. Either an amendment to H1 to convert from Consular to COS needs to be file or approved, or you leave US and re enter after getting H1 stamping.
2. Unless your spouse and you both get respective L1 and L2 extension approved you cannot get EAD extended. I would suggest you leave US, go for H1 stamping of your own and return on H1 so that you dont have to worry for your L2 extension.

This is my opinion not legal advice.