L2 EAD to H1B process..some doubts

[shan_123]

HiAll,

Hope all doing well and had nice holidays.

I am on L2 (having valid EAD till aug-2016) and my I-94 valid till May-2017. My wife is on L1B.
I have started as a full time employee in October -2014.

I am planning to ask my employer to process H1B in 2015.
I have read through few links and have couple of question with the process..so wanted to ask you all to guide me.

1. If my H1B gets approved., can i still work on L2-EAD until Oct 1st..?
2. When my H1B is in process., can I travel to india and come back on a L2 (if its before Oct1st)..?
3. If i travel after Oct 1st., I know that I need to undergo stamping in India..how much % possibility of rejection there ?
4. Say due to some reason if my stamping didnt go well..am I eligible to apply for L2 and enter US..? (becz my wife will have valid L1)...

Please clarify

Regards
Shan

[shan_123]

Please reply if you got a chance to look into my query..thx a lot.

[raghvi]

HiAll,

Hope all doing well and had nice holidays.

I am on L2 (having valid EAD till aug-2016) and my I-94 valid till May-2017. My wife is on L1B.
I have started as a full time employee in October -2014.

I am planning to ask my employer to process H1B in 2015.
I have read through few links and have couple of question with the process..so wanted to ask you all to guide me.

1. If my H1B gets approved., can i still work on L2-EAD until Oct 1st..?
2. When my H1B is in process., can I travel to india and come back on a L2 (if its before Oct1st)..?
3. If i travel after Oct 1st., I know that I need to undergo stamping in India..how much % possibility of rejection there ?
4. Say due to some reason if my stamping didnt go well..am I eligible to apply for L2 and enter US..? (becz my wife will have valid L1)...

Please clarify

Regards
Shan

Is your H1 being applied as consular or Change Of Status? Is it being filed as premium process or normal process?
1. Yes.
2. If you absolutely want to travel, travel only after getting H1 approval notice, and before 01-Oct-2014. To do that you would most probably have to file H1 as premium processing.
3. It snot that you have to go for stamping, yes if you want to re enter and work on H1 then yes you would have to go for stamping. Success or rejection depends upon the genuineness of employer and work that they can provide.
4. Yes you can.

This is my opinion not legal advice.

[shan_123]

Hi

Thanks a lot for your reply.

Is there any significant difference between consular and COS ..?

So it is better to travel outside US only after h1 b approved ..pls reply

Shan

[raghvi]

Yes there is a difference between COS and Consular. With COS, your status immediately changes to H1 and you must work on H1 with the H1 petitioner from COS date. With Consular you would move to H1 only after getting H1 stamped outside US OR filing another Consular to COS conversion.

As for travel, as the L2 and H1 employer is same it all depends how soon you want to move to H1, if there is any significant benefit in moving to H1 with same employer? Are they fine with COS gettign abandoned and converted to consular etc.

This is my opinion not legal advice.

[shan_123]

thanks for your reply..

My only concern I have is I don't know whether I need to travel to India during april to October 2015 considering medical conditions for my parents

in case if I go with COS., and for any emergency situations..can I travel to India and come back to L2..? my EAD remains valid and can continue my current job ..? (since H1 filing is abandoned)

in case of consular processing., you said below I need to go outside US to get H1 stamping..can that be done anytime after Oct 1st 2015..? or is it a compulsory travel that I need to make to be on H1 from Oct 2015..?

since H1 going to be lottery ..so wanted to try this year ..(because in case if my L1 is asked to leave..atleast I have valid status to stay in US)..

consular processing allow me to travel outside US during H1 processing time ..is there any other specific difference as compared to COS..?

please clarify

shankar

[shan_123]

Please reply on my query if you got chance to look at it..

[imhappyyy]

Thanks a lot for your reply. Is there any significant difference between consular and COS ..?

[shan_123]

hi

considering my L2 validity till may 2017, is it advisable to apply H1 on consular or COS..?

please reply.