L2 EAD is expiring, My H1B is approved. Can my husband still apply L2 Extn ?

[Pattu]

Friends,

I am in L2 EAD, My I-94 and EAD expires by OCT 15th, so my current employer filed H1B for me and it got approved.(got approval notice for 3 years and new I-94) Now my husband is applying for extension via his company as his I-94 expires by Oct 15th. His employer wants to file an extension for him and also to L2(me) (due to a Weird situation, my husband's employer wants to file extn for both of us)

My questions are :

1) Can i get L2 Extension when i have approved H1B ? or should i have only one approval ? If L2 Extn is filed, will USCIS send RFE for the extension to my husband's company ?

2) If my EAD Expires by OCT 15th, can i work after Oct 15th if the L2 is in "Under processing state"

3) If I can't work after Oct 15th, can i take the unpaid leave until my L2 & EAD is extended ?

4) How long my H1B approval notice is valid, if I am not switching my status from L2 EAD to H1B ? can i stay in L2 and EAD and switch to H1B anytime (by submitting the Amendment or traveling to India and coming back in H1B ?

I am very confused, friends please advise and help

[Pattu]

Please help ..

Friends,

Please help guys..I am really need answer for this questions..

Friends,

I am in L2 EAD, My I-94 and EAD expires by OCT 15th, so my current employer filed H1B for me and it got approved.(got approval notice for 3 years and new I-94) Now my husband is applying for extension via his company as his I-94 expires by Oct 15th. His employer wants to file an extension for him and also to L2(me) (due to a Weird situation, my husband's employer wants to file extn for both of us)

My questions are :

1) Can i get L2 Extension when i have approved H1B ? or should i have only one approval ? If L2 Extn is filed, will USCIS send RFE for the extension to my husband's company ?

2) If my EAD Expires by OCT 15th, can i work after Oct 15th if the L2 is in "Under processing state"

3) If I can't work after Oct 15th, can i take the unpaid leave until my L2 & EAD is extended ?

4) How long my H1B approval notice is valid, if I am not switching my status from L2 EAD to H1B ? can i stay in L2 and EAD and switch to H1B anytime (by submitting the Amendment or traveling to India and coming back in H1B ?

I am very confused, friends please advise and help

[raghvi]

Friends,

Please help guys..I am really need answer for this questions..

I cant understand what is the "weird situation" in which you need to file an L2 extension request too? There is no need to

If L2 to H1 was applied as COS and was approved, you would have got a new I-94 and you would automatically move to H1 status from 01-Oct-2013. Technically you cant extend your L2 as on 15-OCt-2013 you would not be on L2 status but on H1 status.

The only way you can get back to L2 after 01-Oct-2013 is by filing a H1 to L2 COS OR to leave US before 01-OCt-2013 and return on L2 visa after 01-Oct-2013.

This is my opinion not legal advice.

[kabkaba]

If I-539 is filed on your behalf, it will be for change of status from H1 to L2 not extension of L2 status. It can be done and EAD can be applied along with it, but it is unnecessary. It is better that you have your own independent H1B status. L1 extensions are getting a lot more scrutiny these days.