L2 extension with H1 COS Approved

USA L1, L2 Visa
1

I am working on L2 EAD with H1B (with COS) approved for this year( by new employer) and i believe my status would automatically change to H1 from 10/1/2013.
My question is that what will be the impact of L2 extension being filed by my current employer this month.
What would be my status if
1. Extension gets approved before 10/1/2013
2. Extension gets approved after 10/1/2013
3. Extension does not get approved

2

  1. L-2 until Oct 1 and H-1 from Oct 1.

  2. H-1 from Oct 1 to L-2 approval date, and L-2 thereafter

  3. H-1 from Oct 1

When is your L-2 I-94 expiring?

3

Thanks saurabh, my L2 is expiring on 2 oct.
Won’t last action rule apply in case 1, since L2 Ext is approved after H1.
what would be best option if i wish to continue on L2 without going out of status.

4

An answer can be as good as the question. You didn’t mention L-2 expiration date in original question and I assumed it to be before Oct 1. Now that you have clarified it to be Oct 2, I will re-answer the question.

  1. If USCIS approves L-2 w/ start date of Oct 2, then L-2 status all along. If USCIS approves L-2 w/ start date of actual approval date (i.e. before Oct 1), then L-2 until Oct 1 and H-1 thereafter

  2. no change

  3. no change

To continue working on L-2, you have following options:

  • wait to see if L-2 gets approved w/ correct start date of Oct 2. You are all set in this case
  • leave US, and re-enter on stamped L-2 visa after Oct 1. This will put your status in L-2