QUESTION
My H1 COS got approved on 10/15 /2020 . I have L2 extension in progress. If my L2 is denied will I maintain my H1 status
Asked on Oct 25th, 2020 on Immigration - New Jersey
More details to this question:
My L2 got expired on 8/25/2020 and I filed for L2 extension. Meanwhile my employer filed H1B COS which got approved on 10/15/2020 and now I have a valid I94. On 10/20/2020 I sent a letter to USCIS to withdraw my L2 Petition ( Till today I have not received any update) . On 10/23 I received NOA to appear for bio-metrics for I539 ( L2 extension approval) . NOA says that if I do not appear for bio-metrics , my Petition will be marked as abandoned . My question is , If I do not go to bio metrics and my L2 is denied , will I keep my H1B status ? - Does Last Action Rule apply in this case ?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
The last action rule generally has to do with approvals and not denials. If you are already approved for a change of status on your H-1B, an L-2 denial should have no effect since you are already holding a valid legal status. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Nov 20th, 2020 at 6:54 AM