Can We file H1B while EAD on the process?

[binan]

Hi Everyone,

I have applied EAD on july 2010 last week. I am waiting for the EAD approval. L1 may need to leave US on next month(September 2010). there might be a chance that L1 will leave before EAD get approved. In this case, L2 also have to leave US.

I am thinking that I can file H1B in this meantime. Is it possible?

Please share your thoughts if you have any information on this.

Thank you very much in advance.

[kabkaba]

An employer can file H1 anytime. Beneficiary is allowed to stay in the US as long as petition is pending and work if petition is approved.

[binan]

Thank you very much for your quick response.

you mean that I(L2) can stay back after H1B filed from US even L1 leave US.

[kabkaba]

Beneficiary is allowed to stay if H1 petition requests change of status and if previous status is maintained until the date H1 petition is filed.

[binan]

Thank you very much