H 1b - L2 Status Change

[vamsee12]

Hi,

Can one of you please help me out with the following query -

I have my H1 extension due in 4 weeks and my company is running into some issues to file the extension and they do not have an ETA at the moment, so in the worst case they might not apply my extension. My wife is on L1 and she got a RFE on her extension filing - In this scenario, can I apply L2 dependant visa / EAD and work here in the US until her case is resolved? Please provide me your valid inputs in this situation.

Thanks,

[immihelp]

You can work in the US as long as your H1 is valid.

Or you can work after you apply for change to L2 visa status, it gets approved and you apply for EAD based on that and it gets approved too.

[kabkaba]

Like above you can work in the US as long as your H1 I-94 is valid. (not just can work but have to work to maintain status).
To stay beyond H1 I-94,
If H1 extension is filed before I-94 expires, you can stay and work for the H1 employer.
If H1 to L2 COS and EAD is filed before I-94 expires, you can stay but not work until you receive EAD. Since your L1 spouse's extension is pending, L2 will not be approved until that gets resolved.

[vamsee12]

Thanks for your quick response. The information you provided is really helpful. Also, will I get any grace period to be in the US after petition/I94 is expired?

[kabkaba]

Read the above response. It tells you in what conditions you are allowed to stay and in what conditions you are allowed to work past your I-94 dates.
If neither H1 extension nor COS to L2 is received by USCIS before I-94 expiry, you must leave the US on or before I-94. There is no grace period in this case.