L2 to H4 Query:Very urgent please help!!!!

[saravanabhava]

Hi

I got a notice last week from CIS (on 10/27/09) that my L2 extension was approved. The notice date reads 10/22/09. It is valid until 5/22/10.

Early this week (on 11/3/09) my husband's HR notified him that his L to H (FY2010) conversion was approved. We understand from his approval notice that his H is effective from 10/22/09. (As his L is maxing out by May 2010, his L to H conversion petition was first filed early in April '09 and it was denied. This new petition was apparently refiled on 10/16/09 and the approval notice was mailed by CIS on 10/26/09)

In this circumstance, please advice:
1. If I'd lost my L2 status as of 10/22/09 though my L2 extension was approved on the same day?
2. Am I currently eligible to file for an L2 to H4 conversion?
3. I'm planning to visit India in Jan 2010. Shall I wait until Jan 2010 when me and my husband will be appearing for visa stamping? Can I continue to stay in the US without filing for L2 to H4 conversion until Jan 2010?

I’d highly appreciate your early advice in this regard.

[contact 01]

In this circumstance, please advice:
1. If I'd lost my L2 status as of 10/22/09 though my L2 extension was approved on the same day?

L2 is only a dependent visa. Once the principal applicant change his status then the dependent should also change their status accordingly to princiapl status.

2. Am I currently eligible to file for an L2 to H4 conversion?

Dont delay, file change of ststus from L2 to H4 immediately.

3. I'm planning to visit India in Jan 2010. Shall I wait until Jan 2010 when me and my husband will be appearing for visa stamping? Can I continue to stay in the US without filing for L2 to H4 conversion until Jan 2010?

If you dont file for change of status immediately, then your stay will be treated as illegal. As principal applicant H-1b is already approved. Therefore it is essential to file the change of status immediately and thereby you will be staying in US under legal status.

Note: This is not a legal advice, please consult an attorney