L2 dependent staying without the L1 holder

[env]

Hi,
I am having an L2 visa and working full-time in a company in the US with a valid EAD. My husband (L1-B holder) has to leave to India for a few months. In a situation like this,

1. Am I allowed to stay in the US without the L1 holder? If so for how long?
2. If my company chooses to do my H1, will I have to wait until 2015 for this or can H1 be applied now while in the US though the April date is past?

Thanks

[raghvi]

Hi,
I am having an L2 visa and working full-time in a company in the US with a valid EAD. My husband (L1-B holder) has to leave to India for a few months. In a situation like this,

1. Am I allowed to stay in the US without the L1 holder? If so for how long?
2. If my company chooses to do my H1, will I have to wait until 2015 for this or can H1 be applied now while in the US though the April date is past?

Thanks

1. No. USCIS allows only short period of stays for dependent visa holders provided primary visa holder will eventually return back.
2. H1 Cap for this year is already over. The next cap will open only on April 2015 and a petition in that cap can start only from Oct 2015.

This is my opinion not legal advice.

[Vardhanapu]

I have the same query. I need a help on that

Hi

I'm Neelima.
I moved to USA in Nov-2013 and applied for my EAD and got in March-2014 and is valid upto March-2016.
Presently I am actively looking for jobs.
But my husband who is in L1-visa is moving to india and will return in 4 months.
In his absence can i stay here and work on L2-EAD.
If i would stay without him and apply for H1-visa next attempt, will it effect in future.

If at all I go to India and return back in 4 months will my EAD be valid since the date in it mentioned valid "upto March-2016", or do I need to apply newly.

Appreciated your Help.

Thank & Regards
Neelima Vardhanapu