L2(EAD) to H1

[Sagarj79]

Hi,

I'm currently on L1B (visa expired Oct12), I94 valid till May'15
My wife's I94 is also valid till May'15. Her EAD is valid till Jul'14.
We are planning to apply for H1 for her.

Request guidance :

1) process to apply H1, filing timelines.
2) estimated fees
3) if H1 gets denied, can she work on L2 as that would still be valid.

Regards

[kabkaba]

Does she have a job? The employer will file H1 for her. Since she has never had an H1 before, the petition can be filed Apr 1 onwards for start date of Oct 1 onwards. Since her current status extends beyond Sep 30, 2013, she can get change of status to H1B also. Filing fees are to be paid by the employer. Even if H1 change of status is denied, her L2 status will not get voided.

[Sagarj79]

Thank you Kabkaba. Yes, she has a job. Pls advise what is recommended, fresh H1 or COS? Also would either of these be initiated by the employer?

[kabkaba]

Thank you Kabkaba. Yes, she has a job. Pls advise what is recommended, fresh H1 or COS? Also would either of these be initiated by the employer?

There is no difference. The employer will have to file the petition. It does not make any difference whether change of status is included or not since her current status also allows work authorization.

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Thank you Kabkaba. Yes, she has a job. Pls advise what is recommended, fresh H1 or COS? Also would either of these be initiated by the employer?

There is no difference. The employer will have to file the petition. It does not make any difference whether change of status is included or not since her current status also allows work authorization.

[Sagarj79]

There is no difference. The employer will have to file the petition. It does not make any difference whether change of status is included or not since her current status also allows work authorization.

Hello Kabkaba,

My wife has a job with contract for 13 months (valid till April 2014). The employer has confirmed they would process H1 but only for the period of the contract. I am confident the employer's Client would ask for extension but in case there is no extension, will I have to process the L2 and EAD again? Her current EAD is valid till Jul'14.

[kabkaba]

If COS to H1 is approved, she will have to change back to L2 after it ends.