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  • L2 to H1 Transfer

    Hi,
    My situation is quite complicated. Please help me out!
    I came to US on L2 with my L1 Visa spouse. In parallel I applied for H1 and I got the name in lottery. But meanwhile I got the job on EAD before Oct month when H1 VISA gets approved. My H1 consultant doesn't provide me anything even the file number of my H1 petition. But he confirms that I got the name in lottery.
    So now my spouse gone back to India for personal reason and my current employer where I am working on EAD doesn't allow me to work and ask for my current visa status.
    But I don't know my visa status because on passport visa is L2, but I don't have any information on this. Can USCIS give me my current VISA status and the time period for which I can stay in US? Or am I illegally staying in US because my L1 spouse is not in US.
    I have L2 stamped visa till 2017 dec and same date on EAD.

    If anyone can answer this then I will be grateful, or if need any other info then please let me know.

  • #2
    Originally posted by Jaykumar28 View Post
    Hi,
    My situation is quite complicated. Please help me out!
    I came to US on L2 with my L1 Visa spouse. In parallel I applied for H1 and I got the name in lottery. But meanwhile I got the job on EAD before Oct month when H1 VISA gets approved. My H1 consultant doesn't provide me anything even the file number of my H1 petition. But he confirms that I got the name in lottery.
    So now my spouse gone back to India for personal reason and my current employer where I am working on EAD doesn't allow me to work and ask for my current visa status.
    But I don't know my visa status because on passport visa is L2, but I don't have any information on this. Can USCIS give me my current VISA status and the time period for which I can stay in US? Or am I illegally staying in US because my L1 spouse is not in US.
    I have L2 stamped visa till 2017 dec and same date on EAD.

    If anyone can answer this then I will be grateful, or if need any other info then please let me know.
    You do not seem to be in valid status, neither L2 nor H1. This is because you do not satisfy conditions for either. For vald L2 status, primary L1 should also be in US and maintain ing L1 status, for valid H1 you should be working and getting paid by your H1 petitioner. Would advise talking to an attorney.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by Jaykumar28 View Post
      Hi,
      My situation is quite complicated. Please help me out!
      I came to US on L2 with my L1 Visa spouse. In parallel I applied for H1 and I got the name in lottery. But meanwhile I got the job on EAD before Oct month when H1 VISA gets approved. My H1 consultant doesn't provide me anything even the file number of my H1 petition. But he confirms that I got the name in lottery.
      So now my spouse gone back to India for personal reason and my current employer where I am working on EAD doesn't allow me to work and ask for my current visa status.
      But I don't know my visa status because on passport visa is L2, but I don't have any information on this. Can USCIS give me my current VISA status and the time period for which I can stay in US? Or am I illegally staying in US because my L1 spouse is not in US.
      I have L2 stamped visa till 2017 dec and same date on EAD.

      If anyone can answer this then I will be grateful, or if need any other info then please let me know.
      If your spouse is back to India permanently (quit job) you are out of status. You need to leave the country as soon as possible.

      If your spouse (primary L1 applicant) is out just for vacation/person work, you are good to stay & work.
      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

      If my opinion helping you, then please do click "like" button below.

      Comment

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