My H1B visa is maxing out on mid January 2021. I would like to move to L2 dependent visa based on my spouse’s valid L1A visa extension (I-797 and I-140 are valid till June 2021). Currently my husband is struck in India due to pandemic, awaiting stamping on L1 extension petition. We are hoping that my spouse will be able to get stamped by December 2020 and come back to US. I would like to know whether i can file my H1 to L2 status change while my spouse is outside US. Please advice.
Well, it can be tricky if he is out for too long. Discuss with your attorney on this.