Urgent: L1 to L2 conversion

[krithikarthi]

Hi,

I am currently working on L1 visa and had to submit my resignation due to personal issues and today is my last working day.
I have also applied for L2 dependent visa through my husband's organization and it is in Pending with USCIS in RFE response review status for the past one month.
My husband is going from L1 to H1 from October 1, 2010. So I would also have to apply for H4.

I have the following questions.
1. My I-94 for L1 is valid until 25-Nov-2010. Am I legal to be in US given that my last day with my organization is today?
2. Am I legal to be in the US with the EAC number I have for the L2 application?
3. My husband's HR advices that I should not be leaving the country when we are filing the L2 to H4 conversion. viz. now. But, I am not sure if I am legal to be in the country since I am out of my L1 company. Please advice if I can be in US or I should be going out?

Appreciate any quick response

[shervin143]

1. My I-94 for L1 is valid until 25-Nov-2010. Am I legal to be in US given that my last day with my organization is today?
>>> Since you have already filed the COS to L2, you can legally stay in the country. However, if the COS gets denied, then your stay in the country past the I-94 expiry date will be considered illegal.

2. Am I legal to be in the US with the EAC number I have for the L2 application?
>>> Yes. See above answer.

3. My husband's HR advices that I should not be leaving the country when we are filing the L2 to H4 conversion. viz. now. But, I am not sure if I am legal to be in the country since I am out of my L1 company. Please advice if I can be in US or I should be going out?
>>> Read answer 1. If you are not sure whether your COS to L2 / H4 will get approved, then you can leave the country. When your husband's H1B petition gets approved, you can go for H4 stamping using that petition and return back on H4 visa.

[krithikarthi]

Thanks Sherin.
My husband has an approved H1B petition in hand and on Oct 1 his status will automatically be changed from L1 to H1.
So I will go ahead and apply for my L2 to H4 conversion. Thanks.