Legal Question in Immigration Law in New Jersey

Requesting Urgent help; going out of status.

I arrived in US on H4 visa in 2005, but later this year got a change in status from H4 to L2(as my spouse status got changed from H1B to L1B). But few days earlier than getting change in status, I applied for H1 Petition; which co-incidentally got approved.

Now I am holding two sets of documents :

a) a new I-94 on L2 (validity 1st May onwards thru 2010).

b) approved H1 + a new I-94 (validity - 1st Oct onwards thru 2010).

My dilemma is, my current employer is unable to depute me on a project and consequently refusing to pay my salary & generate a payroll; under this circumstance do I have an option to stay in US legally as dependent L2. Or do I need to leave US to my home country to avoid going out of status and then can get my dependent visa L2 stamped? Please advise.


Asked on 11/03/07, 1:46 am

1 Answer from Attorneys
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: Requesting Urgent help; going out of status.

It appears as if you are now on H-1B status but since you are not working you are technically violating the terms of your status. The best option appears to be to get you back on L2 status but I would want to review the details of your case before standing firm on that advice. Feel free to contact me and we can set up a consultation so I can give you more detailed and accurate advice.

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Answered on 11/04/07, 12:12 pm


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