Was on L2, now on H1, want to go back L2, options?

[vidya2008]

I have L2 visa with EAD. Parallely I applied for H1B which is valid from oct 1st 2008. Currently I am not working. But my H1B employer has started putting lot of restrictions and adding some kind of contract now. So I would like to start looking for a job on L2 visa again.
Can I get L2 stamped again (my husband is on L1)? Do I need to go out of USA for it, I mean, is there some kind of 'change of status' application method?.
I dont have pay stubs on my H1B visa (from oct 1st 2008 to till date).

[txh1b]

If you are on H1b and not getting paid, you have violated the status. Look up WH4 form and complain to DOL.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

No status changes permitted inside the US as you are out of status.

[vidya2008]

Thanks for the reply... But my lawyer says she can apply for CoS to L2 with pay stubs from september (on L2).
So you think it is better to go to India and get L2 visa stamped again and come back.

[txh1b]

The lawyer seems fishy. L2 pay stubs are not related as your status is not L2 anymore.

[vidya2008]

So do you think it is better to go to India and get L2 visa stamped again and come back?

[vidya2008]

Still if I apply for CoS to L2, is INS going to reject my CoS application or are they going to ask RFE?

This important because, if they ask for RFE, then I think I will have pay stubs for dec 2008 (my employer is going to be give me, I will have to pay for it). I can send those pay stubs to INS in response to RFE.

[orion]

then I think I will have pay stubs for dec 2008 (my employer is going to be give me, I will have to pay for it).

WTF! Thats ILLEGAL! You are inviting more trouble than getting out of it.

[txh1b]

Plain illegal. Your IP has been logged!

[daffods]

Why you apply for H1 if you have EAD in L2. I think EAD has no work restrictions right? You could have started to work with EAD itself...