Query regarding spouse's L2S status

USA
#1

Hi @anil_am22,

Can you please help me with following query regarding spouse’s L2S status:

  • My wife is maintaining valid L2S status (valid until 8/13/2024) and working with employer A

  • Employer B filed for H1B cap in 2022 which got picked and subsequently visa was applied as ‘Change of Status’

  • RFE was issued on H1B petition and responded on 12/28/2022

  • After RFE response was sent we realized that we intend to remain on L2S and continue working with employer A because of family situation

  • Subsequently withdrawal notice was sent to USCIS on 1/4/2023 by employer B

  • Few days after withdrawal notice was sent, USCIS approved the case on 1/10/2023 and physical notice was received on 1/18/2023

  • After receiving notice attorney again filed for 2nd withdraw requesting USCIS to maintain L-2 status on 1/18/2023

  • Can she continue to work with employer A?

  • Is there any implication on her legal stay in US

Is there any step which you would suggest us to take?

#2

If the H1B was approved with change of status, she cant work on L2S.

After the change of status to H1B was approved on 01/10/2023, she is supposed resign with employer A as her L2 status ended on 01/10/2023 and start working for the H1B sponsoring employer to maintain H1B status.

What could have been done differently is to get back to L2 status, she could have crossed Mexico border and reentered using your L1 I-797 to switch back to L2S and then continue to work for employer A.

1 Like
#3

Thank you @Kalpesh_Dalwadi, but the other employer has already withdrawn her H1B. Withdrawal was sent before H1B was approved, so H1B is no longer valid too.