Immigration Issues/H1B to L2 COS

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Question
I'm on L2 EAD . My spouse is on L1 and our visa expiry is in June 2013.
My current employer has sponsored my H1b this year and is under process. My status will change to H1B in Oct 2012.

If I lose my job anytime when I'm in H1 status, can I immediately apply for Change Of Status to L2?
When I do so - will I be considered as out of status till I get my L2 approval notice?

Answer
Hi,

An application to change status to L2 should be filed no later than actual employment termination date by the H1B employer. If this rule is followed, you can remain legally in the U.S. until change of status application is approved by the USCIS, and then of course you can continue to remain legally in the U.S. in L2 status, subject only to your spouse maintaining maintaining respective L1 status.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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