L2 EAD to H1 --- Urgent Please help

[abu_shaik]

HI,

I have my L2 visa EAD card till May 2014. and primary applicant L1 visa is till May 2014 and i94 is till march 2016. I applied for my H1B in 2013 before i got my apporval due to unavoidable reason i have travel to india in Nov 2013 and came back to US in a week i.e nov last week, finally in Dec last week i got my H1b petition approved for three years i.e till Sep 2016 and my COS is denied because i have travelled to india before my h1 approved, now i have to travel to india for my H1b stamping.

My question is: if my h1b stamping is not through will my L2 visa will remain or will be cancelled

Thanks
Shaik

[raghvi]

HI,

I have my L2 visa EAD card till May 2014. and primary applicant L1 visa is till May 2014 and i94 is till march 2016. I applied for my H1B in 2013 before i got my apporval due to unavoidable reason i have travel to india in Nov 2013 and came back to US in a week i.e nov last week, finally in Dec last week i got my H1b petition approved for three years i.e till Sep 2016 and my COS is denied because i have travelled to india before my h1 approved, now i have to travel to india for my H1b stamping.

My question is: if my h1b stamping is not through will my L2 visa will remain or will be cancelled

Thanks
Shaik

I dont see any reason for them to do so, but if they decide to keep your H1 in admin processing, might cancel the L2 before adjudicating on your H1. T

This is my opinion not legal advice.

[abu_shaik]

Thanks Raghvi, i am worried as i am leaving my wife and kid here in USA and going for stamping. if i am stuck there in india,. dont know what to do

Anyways thanks a lot for the response

[itzabhiz]

L2 EAD to H1 --- Urgent Please help

Hello Everyone,
I am currently working on L2-EAD as an IT contractor at an Insurance firm (End client) for the past 1.5 years. My L2-EAD expires by late October 2014 and I had requested my employer (i.e. the consulting firm thru which I had got this current project on W2) to process/sponsor my H1-B this year in April 2014. They had agreed for the same and had requested for some documentation from my end. My current contract was initially supposed to be until July 2014 but got to know yesterday that it will only be until February end. My questions are as follows.

* Would my employer still be willing /able to sponsor my H1-B?

* I havent started looking for a new project yet, but supposing I dont immediately get a project, would any consulting firm be willing to sponsor/apply for H1? How does it work exactly?

* What are in-house projects?

* Can I provide my employers letter as the Client letter if at all I'm 'not' on a project while submitting the H1-B documents?

Really tensed...Your feedback/ valuable comments would be of great help...Thankz..

Abhi..

[raghvi]

One significant difference between working on L1/H1 and L2 EAD is that you don't need to work to maintain status while on L2/EAD. One is in valid status even if one doesn't work while on L2 with EAD. Whereas one goes out of status if one doesn't work while on L1/H1. But to be in valid L2 status your spouse should maintain L1 status.

1. It depends upon the employer - and if you a really important to the employer and they anticipate they will have work for you in future they will surely continue the process.
2. If you qualify for H1, any company can file an H1 petition for you in April 2014. Now in your case they can either file a L2 to H1 COS (Change Of Status) or H1 as consular processing. If applied as COS and approved, you must and should work with Employer from H1 approval date otherwise you would go out of status as your status would change from L2 to H1. If applied as consular process, you would move to H1 only after getting H1 stamped at a US consulate outside US OR by filing an amendment to the H1 petition.
2. Typically large companies have many in-house IT work and if you are petitioned to work for the company but not for any end client then it would be in-house project. Be careful of small companies who dont have any end client work but claim a fictitious "in-house" project and try to get H1 approved for you. Such companies will charge you for H1 and will not pay you adequately while on the in-house project and ask you to hunt for your own project/client.
3. What USCIS is basically looking for is that you are being petitioned for genuine work for a skill set which is not readily available in the US market. And that the employer petitioning for you has enough funds and profits to pay you for that work. If these can be verified then you should be good.


Again, you are not out of status if you dont work. And if you have a skill set which is in demand then surely you will get a good employer. Just be careful of bogus consultancies who will charge you for H1 and eventually leave you on your own without finding any work for you and not paying you or paying you very less .

This is my opinion not legal advice.