Connecticut  |  Immigration Law

Legal Question

Asked on: 1/24/09, 9:17 am

L2 - h1b cos

My situation is little complicated and Iam in need of help very badly. I came to U.S on L2 visa which is valid till 2011. I got H1B approved with COS from a company which is effective from oct 1st 2008. I was working on L2 visa till Dec 2008(which is illegal since I did not work for my new employer when my H1b was active). I am not finding any jobs now and want to go back to my L2 visa. Here are my questions

1) Can I apply for another COS from H1 to L2 (I-539) and immediately start working on L2 or do I need to again apply for a new EAD?

2) After I switch my status back to L2, can I do a L2 to H1 COS later when I get a job?

3) can I go to India and come back on L2 visa and still keep H1b valid? (without applying I-539 in U.S?

4) What are the chances of my H1 stamping being rejected as I never worked for my new employer? Can I rectify it by asking my employer to generate the pay stubs and then go to India after 1 or 2 months for H1 stamping?

Please help and suggest. I am not able to find correct answers.

1 Answer

Answered on: 1/25/09, 10:33 pm by Isabella Mayzel, Esq.

Re: L2 - h1b cos

You do need help very badly but not on-line, -- in a personal consulation with an attorney wherein you present a copy of all your documents for review and proper opinion.

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Law Offices of Isabella Mayzel 468 Morris Avenue Springfield, NJ 07081

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