H1B to L2 with I-485 initiation

[sjmoksha]

Hi, I am currently on H1B which is maxing out in 1st week of January (2 months from now). My spouse is on L1A. My spouse's company is initiating our Green Card Process. I have few questions : 1) If I get I-485 receipt before H1B max out date, can I stay in USA legally just based on I-485 receipt or I should get L2 visa
2) How to convert from H1B to L2 in USA and how long does it take currently
3) If I return to India prior to H1B max out date, how much time it could take to get an L2 visa stamped from India given the current scenario of emergency visa appointments only
4) I wont be able to work until I get a L2 EAD or I-485 EAD. Whats the best way to move forward with all permutations and combinations

[rkk09]

Hi Member,
Please see my response below.
1) If I get I-485 receipt before H1B max out date, can I stay in USA legally just based on I-485 receipt or I should get L2 visa
Answer: Yes. If you are eligible to file an Adjustment of status petition, with the help of AOS receipt notice, you can stay in the USA.
2) How to convert from H1B to L2 in USA and how long does it take currently
Answer: You will need to file change of status petition with USCIS. Need to file I-539 form. It will surely take beyond 6 month of time to get adjudication.
3) If I return to India prior to H1B max out date, how much time it could take to get an L2 visa stamped from India given the current scenario of emergency visa appointments only
Answer: Very critical to answer for this question.. People are getting visa slots for various non-immigrant visa categories for now. You will need to start initiating process to obtain Interview slots.
4) I wont be able to work until I get a L2 EAD or I-485 EAD. Whats the best way to move forward with all permutations and combinations
Answer: If you are going to file L2 change of status petition along with that you can file EAD petition too. But these process will surely take longer time to hear back from USCIS. Instead of waiting for petition approval, You can try obtaining L2 visa at consulate/ embassy. Once you get L2 visa stamped, upon arrival, you can immediately start filing EAD Application.
Thanks

[Libra_14]

4) I wont be able to work until I get a L2 EAD or I-485 EAD. Whats the best way to move forward with all permutations and combinations

My vote, 485+EAD (~6 months) will be quicker instead of L2+EAD (~4 months+~6 months).