L1 A resigns and L2 spouse job - valid?

[ssumitha]

hi All,

Please we need urgent help/information regarding this.
My husband is on L1 A , visa expiring in 2022 and I am working with L2 EAD here(US) for a US based company. So, my company has filed H1 B visa for me which is approved and will be effective from Oct 1 2021. But, unfortunately, my husband has lost his job and his last working day would be Aug 6 2021. What we understand is there is a 60 day grace period which will be till 10/5/2021. We are already initiating the H4 for my husband and daughter. So, what we believe is I can still continue my job as by Oct 1 2021, I get transferred to H1 B visa. But, now my lawyer says like they believe I will have to terminate my job on Aug 6th and then start only by Oct 1st when my H1 B becomes effective? Is this right? I am expecting with due date on Oct 11th and need my maternity leave from there which would all get complicated if I need to resign now.
Please can you help us with the most accurate information ASAP.

thanks in advance.
SS

[rkk09]

Hi,
Per my knowledge, If your husband L1A job got lost and Employer had filed withdrawal then he will not be on status. If L1 is gone then ultimately L2 will be also gone. So, as lawyer mentioned you should not work from the date your primary visa holder status is terminated.
I recommend you to have a discussion again with Immigration lawyer whether you can stay in the USA during these periods. Anyhow you filed H4 change of status for them, It will be effective only from October 01 onwards. You may expect RFE on H4 petition about maintenance of status during these two months.
All the best.
Thanks.