URGENT !! H1B to L2 EAD

[sunmamid]

Hello,

Here's my situation -- I'm on H1B visa (Approved on Nov 9, 2018, valid until Oct 10, 2019). I work full-time for a consulting company, and they have applied for my extension, got an RFE, responded Aug 5th, 2019 (regular processing). My wife is on L1B, with Amazon. I've been seeing many rejections on extensions filed from my company, and want to be on a safer side. Can someone please help me with the questions below, please.

1) Is it safe for me to apply L2 in the meantime, and move back to H1B if the extension is approved?
2) We DO NOT have an I140 approval. Can I still get an L2 EAD, even though my wife doesn't have I140 approval?
3) How long would the process take? (H1B to L2 and getting an EAD)
4) Can I keep working for the current company, while H1B to L2 (EAD) is in progress?
5) Will I have any complications moving into L2, and then back to H1B?
6) Will I be consuming my H1B time, while I'm on L2?


I would really appreciate any help with the above questions that I have.

Thanks in Advance,

/ SM

[scientist2016]

1. Yes
2. Yes. You are confusing H4EAD with L2 EAD. You do not need I140 approval for L2 EAD.
3. Anywhere from 2 to 6 months
4. You can continue working as long as you have a H1 EAD or your H1 extension is under process and your EAD hasn't expired for more than 240 days.
5. No
6. If you are on L2, you are not on H1 and hence you will not be "consuming" your H1 time.