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L2A vs. H1B

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  • L2A vs. H1B

    Hi Guys,

    I have a situation here and need your valuable suggestions to understand what would be better. I have a H1-B visa valid until Sep 15. My wife has recently got L1A visa valid until Jan 2017. We are working in two different firms at two different locations. I have a kid who is about to turn 2.

    I want to understand, which is better
    - To remain on H1-B OR
    - Get my status changed to L2A and subsequently apply for EAD.

    In case, if i decide to go for L2A,
    - Is it possible to have it stamped while being in US.
    - How long does the process of stamping takes.
    - Once the VISA is stamped, how long the EAD will take.
    - Is my current status of H1-B create any issues converting to L2A.
    - At any point of time in the conversion process will I be without status to affect my stay in US in any way.

    Any suggestions are appreciated. Thanking you all in anticipation.

  • #2
    Originally posted by macsingh View Post
    Hi Guys,

    I have a situation here and need your valuable suggestions to understand what would be better. I have a H1-B visa valid until Sep 15. My wife has recently got L1A visa valid until Jan 2017. We are working in two different firms at two different locations. I have a kid who is about to turn 2.

    I want to understand, which is better
    - To remain on H1-B OR
    - Get my status changed to L2A and subsequently apply for EAD.

    In case, if i decide to go for L2A,
    - Is it possible to have it stamped while being in US.
    - How long does the process of stamping takes.
    - Once the VISA is stamped, how long the EAD will take.
    - Is my current status of H1-B create any issues converting to L2A.
    - At any point of time in the conversion process will I be without status to affect my stay in US in any way.

    Any suggestions are appreciated. Thanking you all in anticipation.
    - No you cannot get L2 stamped in US. But you can do a H1 to L2 Change of Status while in US.
    - COS can take upto 2-3 Months.
    - You can apply EAD along with COS.
    - No
    - If you enter US on H1, you have to work and get paid right from day one if not you would go out of status.

    This is my opinion not legal advice.

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