1)If I lose my job anytime when I'm in H1 status, can I immediately apply for Change Of Status to L2 without being out of status

Asked over 2 years ago - Nashville, TN

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.

1)If I lose my job anytime when I'm in H1 status, can I immediately apply for Change Of Status to L2?

2)When I do so - will I be considered as out of status till I get my L2 approval notice?

3)During the 'COS to L2' processing - if USCIS sends an RFE to provide proof of maintaining H1 status , what should be our response? because I would have already been out of job and that why I would have applied for COS to L2

Attorney answers (4)

  1. Ari J Sauer

    Pro

    Contributor Level 13

    3

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . There is no grace period within which to file the change of status. So if you are not able to file the application for the change of status before you are terminated, then you are out of status. However USCIS has the discretion to accept the untimely filed change of status and can approve it despite the gap in status. If your L-2 is approved then you will not have been out of status during the period when the application was pending.

    If you get an RFE you should consult with an attorney on the best way to respond.

    Ari Sauer
    The Immigration Answer Man
    Siskind Susser Law Firm
    1028 Oakhaven Rd.
    Memphis, TN 38119
    901-682-6455
    www.visalaw.com/ari
    www.immigrationanswerman.com

    For a consultation appointment call 901-682-6455. The information here is for educational purposes only and should... more
  2. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Only if you submit the COS before your last day at work. Otherwise, it will be up to USCIS' discretion whether to overlook the few days of being out of status.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with the other attorneys, file a COS before your last day of work.

    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It... more
  4. Theodore John Murphy

    Pro

    Contributor Level 20

    Answered . File the change of status before your H1expires.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more

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