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L2 EAD expiry v/s H1-B filing

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  • L2 EAD expiry v/s H1-B filing

    Case :
    I am on L2 as my husband is on L1 which is expiring in Nov'13. His L1 cannot be extended as it will complete its cap of 5 years in Nov'13. His only choice for now is filing H1-B and a GC (process of which will take a long time) after that.
    I filed and received L2-EAD to work in US, which will expire in Nov'14 instead of Nov'13. I don't know how but I received it for an extended year.
    My husband's company is ready to file H1-B for him and H4 for me (if required) for now and will file GC later on.

    Questions :
    1. Will I be eligible to work after Nov'13? (My EAD will expire in Nov'14)
    2. Should I file H1-B separately instead of going for H4 through my husband's company to be able to work after Nov'13? Or, am I eligible to work till Nov'14 because my EAD is expiring in Nov'14 and file H1-B the next year?

  • #2
    Originally posted by Madhurima17 View Post
    Case :
    I am on L2 as my husband is on L1 which is expiring in Nov'13. His L1 cannot be extended as it will complete its cap of 5 years in Nov'13. His only choice for now is filing H1-B and a GC (process of which will take a long time) after that.
    I filed and received L2-EAD to work in US, which will expire in Nov'14 instead of Nov'13. I don't know how but I received it for an extended year.
    My husband's company is ready to file H1-B for him and H4 for me (if required) for now and will file GC later on.

    Questions :
    1. Will I be eligible to work after Nov'13? (My EAD will expire in Nov'14)
    2. Should I file H1-B separately instead of going for H4 through my husband's company to be able to work after Nov'13? Or, am I eligible to work till Nov'14 because my EAD is expiring in Nov'14 and file H1-B the next year?
    1. I don't think so. L1 expires, L2 expires. EAD should be invalid after Nov 2013.
    2. You may file for your H1B. I don't believe L2+EAD period is counted against H1B. So, you may be able to use six more years on your H1B, if everything goes well.
    Last edited by upengan78; 02-10-2013, 09:41 PM.

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