H1 visa query

[shriyakish]

Hi,
I am in a strange situation.
I am currently on L2 with EAD working for a firm.
My L2 is expiring next year,June15th.My EAD is expiring May1st next year.
I am gng to ask my current employer to apply for my H1 on Premium.
I am told in the Premium result is known within 2 weeks.
Now my question is :
1.If my H1 gets approved can I start working on my H1 before getting it stamped?
2.If my H1 is approved can I stay in this country till I get it stamped?
3.Can we get H1 stamped before Oct from any country?

Thanks a lot.
-Vidhya

[txh1b]

Do you already have an approved H1b from the past?

[shriyakish]

Nope I dont.
I was on L2 for the past 3 yrs.

[txh1b]

1. The H1b can only start after Oct 1st in case of the new quota. If you have the gap in status, H1b COS will not be approved and you have to either get a visa stamp abroad to begin H1b work.
2. No. You can stay only till your current status I-94 expires or until you hold that status (dependent on L1 job)
3. Depends. Foreign degree may result in redirect to home consulate some times. If you assume that risk, you can.

Read the tons of posts on this subject on the forum to improve your knowledge on the subject.

[shriyakish]

Gap is status...
means if I had not been here for the entire time I was holding my L2 visa?
I was here on L2 for 8 mnths then went back to India for 6 mnths and I am back here from the past 6 mnths.

Will that be a problem?

[txh1b]

Gap in status due to L2 expiring 6/15 and H1b starting Oct 1st.

[shriyakish]

So that means,
after my L2 expires ion 15th june,I need to go back to India even if my H1 is approved and come back after getting it stamped in Oct right??

is there no other option of me continuing to work here....till my H1 is stamped?

[txh1b]

If the L1 is getting extended, you could extend L2 status and get EAD as well based on it to work. spend more time looking around the forum.

[shriyakish]

Thanks a lot for your help.
Really appreciate your efforts.

-Vidhya

[shriyakish]

Can I apply for a green card with my L2?
Is it necessary that the same employer who sponsored my husband's L1 should apply greencard?

[txh1b]

Read about it here.

http://www.immihelp.com/greencard/index.html