L2(EAD) to H1B

[stac772000]

Hi,

I am on L1 and my wife is on L2. She has a valid EAD till April 2006. She recently got an employment offer and will be joining work on 29th of august.

Also, my H1B has been filed by my company and I am expecting that it would get approved effective October'05. I was told that my L1 an my wife's EAD will be void once I get my H1B.

So, we are planning to get H1B filed for my wife so that she can continue working on H1B.

My question is, if we get my wife's H1B filed by mid of september and if my H1B get approved effective Oct'05, can she continue working or does she need to have an approved H1B?

Can any one throw some light in this situation.

thanks,

[veena_swsh]

Hi,
A person can start working for a company even if they have proof that the said company has filed for his/her H1b. If approved, then her status will be that of h1b. If not approved, then she goes back to L2 with EAD.

All the best.

[stac772000]

thanks, Veena

thanks, Veena

[lvl]

pls help me out

hello! my daughter is on L2 in USA now. She is going to get her greencard soon. so after greencard

--- if she takes divorce for some social reasons, is she eligible to stay legally in USA? Will it affect on her green card status??

[hello_ramya]

Hi stac772000 and veena,

I though I will also share my info with you on the L2. I guess I partly differ from your point of view.

Stac772000,

1) If your wife's H1 is approved, yes, she continues working..no further doubts.

2) IN case if your wife's H1 is not approved, and by then your h1 is approved, I think she needs to apply for H4 status, since her L2 would be no more valid, as your L1 would no more be valid.

3) Besides, since she is now on L2, it doesn't matter. Veena, to your statement that one can start working once there is a rpoof of H1 filing is not entirely true, since that is true for those already with a work status like L1,L2 with EAD,OPT,CPT etc, but not for fresh H1s from B1,H4, or no visa at all.

Hope that gives some insight!

(Again, this is of my understanding of the process)

[veena_swsh]

Ramya and stacc2005,

"Besides, since she is now on L2, it doesn't matter. Veena, to your statement that one can start working once there is a rpoof of H1 filing is not entirely true, since that is true for those already with a work status like L1,L2 with EAD,OPT,CPT etc, but not for fresh H1s from B1,H4, or no visa at all."


The original query mentions that his wife is on L2 with EAD. Therefore she can start working if her H1B is filed (awaiting approval).

[hello_ramya]

Veena,

Yes, that is what I also agreed with you since his wife is on L2. His wife does not have a problem. I was just making a general statement about starting work if H1 has been filed.

[stac772000]

thanks, Veena & Ramya..

Another question..

Can she get her GC processed through some company?

Does X need to go through the regular GC processing.

How much time does it take to get an EAD..

I heard that there are companies/people who will sell labor approvals so that the processing can be done quickly, Is it a good option?


would aprpeciate your thoughts.

[stac772000]

Another question,

since, h1 cap has reached, is there any other way she can apply for h1b or any other work related visa?

thanks,