L2 EAD to H1B

[Tapu2409]

I am on L2EAD and I got an employer who will be filing my H1B. He will be filing it through premium processing. If after some time I don't have any project in hand what are the incidents which may happen:

1. Do I need to go back to my country?
2. Can I stay here in L2 again?
3. If the employer revokes the H1b then does my L2 status becomes active.
4. If I don't get project immediately after completing the current project, how many day can I be in US without a job.
4. What are the options to continue without a job in H1 status?
5. What are the chances of getting and RFE if I apply through a premium processing.
6. if the employer cancels the H1B will it be possible to file H1 again the same year through some other employer with the same petition.
7. If I don't have a job, Can I go back to my country and come back when I get a job and what are the chances the H1b of being active.

[shervin143]

1. Do I need to go back to my country?
>>> Either you need to leave the country or file a COS to any other status (L2 again if your spouse is in L1 status at that time. H4 if your spouse is on H1B status at that time).

2. Can I stay here in L2 again?
>>> If your spouse is in L1 at that time, then you can file a COS from H1B to L2 and stay in U.S as a dependent. You should have maintained your H1B status and your spouse should have maintained the L1 status for a successful COS.

3. If the employer revokes the H1b then does my L2 status becomes active.
>>> No. You have to file the COS from H1B to L1 before your go out of status on H1B.

4. If I don't get project immediately after completing the current project, how many day can I be in US without a job.
>>> 0 days. Each day without a job in U.S will be considered as out of status period.

4. What are the options to continue without a job in H1 status?
>>> None. Either leave the country or convert to any other applicable status.

5. What are the chances of getting and RFE if I apply through a premium processing.
>>> No one can predict. It depends on the documents that you submit.

6. if the employer cancels the H1B will it be possible to file H1 again the same year through some other employer with the same petition.
>>> Possible, as long as you are maintaining a valid immigration status. If you are out of status or illegal, then a COS or transfer is not possible. The same petition cannot be used. However, the CAP from that petition can be used to file a new H1B petition and request an immediate start date. You don't have to go through quota again.

7. If I don't have a job, Can I go back to my country and come back when I get a job
>>> Yes, as long as the petition remain valid and you have a valid H1B visa. The job should be still available with the employer who sponsored your H1B.

and what are the chances the H1b of being active.
>>> H1B will remain active until it gets revoked by the employer or it passes the expiry date.