Q: Will I fall out of status if my H-1B isn't approved by October 11th when my L2S visa expires?
I am currently in the U.S. on an L2S visa, and I am working for a company. My work status is set to expire on October 11th, 2025. I was selected for the H-1B cap this year (2026), and my company will be filing the petition soon. They will process it as a change of status and will use premium processing. If I do not apply for an L2S extension and my H-1B is not approved before October 11th, will I fall out of status?
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A:
If your L2S status expires on October 11th and your H-1B change of status petition isn’t approved by that date, you would be out of status starting October 12th. Filing the H-1B petition before your current status expires doesn’t automatically let you stay past the expiration unless it's approved. The change of status only kicks in once USCIS approves the H-1B.
Since your company plans to file with premium processing, you’re likely to get a decision quickly—usually within 15 calendar days. But if there's any delay, or if USCIS issues a Request for Evidence (RFE), your approval could be pushed past October 11th. Without an L2S extension or another valid status, you wouldn’t be allowed to stay and work past your current I-94 expiration.
To avoid a gap, consider applying for an L2S extension as a backup. That way, you can remain in valid status while waiting for the H-1B approval. Falling out of status, even for a short time, can cause complications with your immigration record. It's always safer to have a plan B, just in case the timing doesn’t work out.
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