L2 - h1 - l2

[shanky008]

Hi

Currently i am working in L2 EAD. i also got an approved H1 effective Oct 1st 2010 through employer A.

What needs to be done to continue working in L2 EAD instead of using H1?
As my H1 employer was not able to get any projects right now.

Thanks

[shervin143]

If your H1B is applied as a COS, then you should exit the country before October 1st and return back in L2 visa. Make sure you return your current I-94 when you leave the country, otherwise this will not work. Read about the posts realted to "Leap Frog" in the forum.

[kabkaba]

If H1 was approved with I-94, leave the US before Oct 1. Return previous and new (H1 I-94) stapled together. KEep copies.
Return after Oct 1, by showing L2 Visa and spouse's L1 petition.

[shanky008]

Thanks for the info

Is it not possible to change the status without leaving the country?

[kabkaba]

For changing status from H1 to L2, you must be maintaining H1 status. That means from Oct 1 you will have to join the H1 employer and work with them for at least 1 day (technically) and then apply for change of status to L2.
What you really want to do is revoke the change of status part of the H1 petition and since it is not a separate petition, you cannot revoke it without revoking the entire H1 petition.
Thus, the only workaround is travel before Oct 1 and return after Oct 1.