H4 conversion question

[avdp]

Hi I am on L1 right now and my husband is on L2 working on EAD. My L1 is maxing out this year.
I am going to apply for H1B this year. My husband is also going to apply for a new H1 .

I am also applying for H4 conversion for him along with my H1 application.

My questions are :

1. If he gets H1 as well H4 , which one will be valid ? can he have two different visas at the same time ?

2. if I apply H4 conversion and if it gets approved before October 2012, can he still continue working on the L2 EAD until it is valid ?

Please advice.

[shervin143]

1. If he gets H1 as well H4 , which one will be valid ? can he have two different visas at the same time ?
>>> Not advisable to file multiple petitions for different status at the same time. Whichever petition becomes effective last will be his status. Search and read about the last action rule.

2. if I apply H4 conversion and if it gets approved before October 2012, can he still continue working on the L2 EAD until it is valid ?
>>> No. Once his status chnages to H4, he cannot work. The H4 effective date will be mentioned in the approval notice. It is illegal to work past the H4 effective date.

[avdp]

Thanks for the quick respose.

Can I apply for H1 conversion now for myself and not apply for H4 conversion for my husband until we know his H1 application status ?

In that case if my H1 conversion gets approved before October 1st 2012 , can I choose to continue working on L1 and my husband on L2 EAD until October 1st 2012 even H1 is approved before october ?

[shervin143]

Are you both filing the H1B petitions under a new CAP that opens on April 2nd with the employment start date of Oct 1st 2012? Did any of you have a H1B CAP from a previous H1B approval which you are trying to use now?

[avdp]

Yes, We are both filing the H1B petitions under a new CAP that opens on April 2nd with the employment start date of Oct 1st 2012.

We both do not have a H1B CAP from a previous H1B approval .

[kabkaba]

There is no immediate need of filing I-539 to change from L2 to H4. It only needs to be done if the principal L1 to H1 is approved and then too the application has to be filed as late as Sep 30. Your respective employers will most probably get decisions on their H1 petitions by Sep 30. If your spouse's H1 is denied and your H1 is approved, your spouse can eFile I-539 as late as Sep 30 and remain in the US. Of course after Oct 1, the L2 status and EAD will no longer be valid and your spouse will have to stop working if that happens.

[avdp]

So, if my H1 conversion gets approved well before October 1st 2012 , can I choose to continue working on L1 and my husband on L2 EAD until October 1st 2012 even H1 is approved before october ?

[shervin143]

Your status will remain to be L1 and L2 until Oct 1st irrespective of when the H1B petition gets approved, since the petition will be filed under a new CAP. The status will change to H1B only from Oct 1st. You should continue with your L1 employer until the end of September. L2 can also work until Sept 30th on EAD. Once your status changes to H1B, your spouse will no longer be in L2 and so he cannot work in L2 EAD. His H1B petition should either get approved with an effective date of Oct 1st (to work for the H1B sponsor) or he should have filed H4 before Oct 1st (to stay as a dependent).

So, if my H1 conversion gets approved well before October 1st 2012 , can I choose to continue working on L1 and my husband on L2 EAD until October 1st 2012 even H1 is approved before october ?

[kabkaba]

Yes, not just choose to. In order to maintain L1 status you must work for the L1 employer until Sep 30 and work for the H1 employer after Oct 1.

[avdp]

Thanks Much for the clarification.