L2 to H1B now in processing, can L2 stay back even after L1 leaves US?

USA H1B Visa
1

All,

I am on L2 EAD working in a company in US now, my employer applied H1b and it got picked in lottery and presently its in premium processing and we got RFE on my case, where my attorney is going to reply by next week.

So now question is, my spouse is on L1 and the project is getting completed by August and need to travel back on Sep 1st. As my case is in processing by USCIS, can I stay back even though L1 leaves US till some decision made by USCIS?

Thanks

Krish

2

This is a gray area. If the L-1 holder is going to India due to end of project, then L-2 dependents should also leave w/ the person. As the L-1 holder has left, you will not be maintaining L-2 visa status.

If you really want to stay back, then its a risk which may or may not hurt in the long run.