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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
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USCIS policy has been that the last status granted to a foreign national governs his or her stay in the United States. This is called the “last action rule.” For example, if a person applies for change of status from F-1 to H-4 and then applies for change of status to H-1B, the last status granted determines the person’s status. If the foreign national in this example is first granted H-1B status and subsequently the change of status to H-4 is approved, the foreign national is in H-4 status without employment authorization even though his or her intention is to be in H-1B status. The Vermont Service Center (VSC) has suggested including the receipt notice for the pending change of status application and adding “COS/EOS Pending” to the block on the application/petition, which asks for the beneficiary’s current status to avoid these types of problems.
Answered on Aug 05th, 2013 at 12:45 AM