On L2 now, applied for H1B

[chaitanyaus]

Hi Folks,

I am presently on L2 EAD and working in a company in US. And this year I applied for H1B and it got picked in lottery. The question is my spouse L1B is valid till 24th Oct 2016 and my L2 EAD is also valid till 24th Oct 2016. So my spouse assignment is getting completed in August and we need to go back to India.

Now as my H1B is picked, can I stay back, as H1B gets effective from Oct 1st?

So eventhough my spouse leaves US in August can I still stay back in US, as my H1B got picked in lottery.

Please suggest.

Thanks
Chaitu

[raghvi]

Hi Folks,

I am presently on L2 EAD and working in a company in US. And this year I applied for H1B and it got picked in lottery. The question is my spouse L1B is valid till 24th Oct 2016 and my L2 EAD is also valid till 24th Oct 2016. So my spouse assignment is getting completed in August and we need to go back to India.

Now as my H1B is picked, can I stay back, as H1B gets effective from Oct 1st?

So eventhough my spouse leaves US in August can I still stay back in US, as my H1B got picked in lottery.

Please suggest.

Thanks
Chaitu

No you should not. As soon as your spouse stops maintaining valid L1 status, your L2 status ceases to be valid. You would need to leave US, and re enter on your approved H1 after getting a h1 stamping done.

This is my opinion not legal advice.

[chaitanyaus]

Thanks Raghvi,that's what I was thinking but some people were saying if my H1b is approved or H1b decision is pending then I can stay in US even after my L1 leaves US.So I am not sure on this that's the reason I posted here to get more opinions.

[raghvi]

Thanks Raghvi,that's what I was thinking but some people were saying if my H1b is approved or H1b decision is pending then I can stay in US even after my L1 leaves US.So I am not sure on this that's the reason I posted here to get more opinions.

When in doubt ask an attorney. Check with your H1 employer's attorney.

This is my opinion not legal advice.