L2 to H1 Transfer Cap Exempt

[Ezhil Ramadoss]

Hi,

I am currently in USA. Working on On L2 - EAD. I am Cap exempt and my employer is applying for H1 Cap Exempt Change of Status - Non Premium.

My L2 Visa and EAD is valid only till Dec 2012. But my I 94 is valid till Dec 2013.

I am worried If I will be eligible to work if my H1 is not approved before December 2012. I want to know if I should force my employer to apply using Premium!! Please help!!

Regards,
Gaya

[raghvi]

Hi,

I am currently in USA. Working on On L2 - EAD. I am Cap exempt and my employer is applying for H1 Cap Exempt Change of Status - Non Premium.

My L2 Visa and EAD is valid only till Dec 2012. But my I 94 is valid till Dec 2013.

I am worried If I will be eligible to work if my H1 is not approved before December 2012. I want to know if I should force my employer to apply using Premium!! Please help!!

Regards,
Gaya

When is your spouse's L1 I-94 expiring? You are eligible to work till your EAD expiry, you can also request an EAD and I-94 extension to match with your I-94 or your Spouse's I-94, whiever is earlier.


This is my opinion not legal advice.

[Ezhil Ramadoss]

Hi Ragavi,

Thanks for the response. My husband has applied for COS L1 to H1.. so I dont think I'll be able to renew my EAD!!

On applying my H1 Cap Exempt. would it be legal to work until UCSIS responds for my H1 application??? I heard there is a 240 day period till which one is eligible to work.. is it applicable only for extensions???

When is your spouse's L1 I-94 expiring? You are eligible to work till your EAD expiry, you can also request an EAD and I-94 extension to match with your I-94 or your Spouse's I-94, whiever is earlier.


This is my opinion not legal advice.