H1b to L2 change via I-539

[vgrecruiter]

Hi,

I was on h1b and my h1b was completed it's 6th yr age on end of September 2010. I already had applied L2 visa based on my wife's L1 extension. i got receipt for the L2 on 29th Aug 2010 but it is not approved yet. I haven't received paystub for month of september as well yet from my employer because my project was over in the end of aug. I was thinking that I had applied L2, So that I am safe to stay here and my stay will be continue untill L2 will not get approved. I discussed this with my employer and informed him about my L2 apllication and receipt. So he denied to give me paystub to maintain h1b till 30th september 2010 becoz I got receipt of L2 application on Aug 29th. Though I got queries from USCIS to represent current 3 pay stubs to prove that I maintained h1b status.I read some where on a site that I can not work on h1b after applying visa chenge to L2.But I am not sure.My question is

1> Is there any issue will come lawfully after applying L2/receiving L2-app receipt If my employer will issue Sept 2010 pay stub for me?

2> If no, will my stay be legal if I continue my stay here till approval of L2?

Please reply asap. I have very short time to reply uscis.

[Subramanya]

I was on h1b and my h1b was completed it's 6th yr age on end of September 2010. I already had applied L2 visa based on my wife's L1 extension. i got receipt for the L2 on 29th Aug 2010 but it is not approved yet. I haven't received paystub for month of september as well yet from my employer because my project was over in the end of aug. I was thinking that I had applied L2, So that I am safe to stay here and my stay will be continue untill L2 will not get approved. I discussed this with my employer and informed him about my L2 apllication and receipt. So he denied to give me paystub to maintain h1b till 30th september 2010 becoz I got receipt of L2 application on Aug 29th. Though I got queries from USCIS to represent current 3 pay stubs to prove that I maintained h1b status.I read some where on a site that I can not work on h1b after applying visa chenge to L2.But I am not sure.My question is

1> Is there any issue will come lawfully after applying L2/receiving L2-app receipt If my employer will issue Sept 2010 pay stub for me?

---- You can always continue to work on your H1B till your L2 is approved and there are no issues with that. Once your L2 is approved you can stop working on H1 and get onto L2. As far as your pay slips are concerned they are also not a problem ans you can take them whenvere your employer gives them to you. If the USCIS asks for the SEpt. payslip by means of an RFE, you can show that RFE to your employer and they can issue the pay slip till that date

2> If no, will my stay be legal if I continue my stay here till approval of L2?

---- Your stay is legal as long as you have applied for a COS from a valid status of any visa type.

Subramanya

[vgrecruiter]

Thank you very much. Appreciating for your reply. It helped me to release a big tension. Thanks again.