in US with a L1 / need guidance on husband's visa for L2/H1/EAD and Greencard

[sallylee]

Hi,

I have found this forum extremely helpful by reading past posts but I am looking for your expert help as my situation is quite complicated.

Please find details below:

-I am currently working in the US under a L1-B visa with valid employment until Jan 2020
-My husband currently works in Canada under the Specialized Knowledge intra-company visa
-He is planning on filling for an H1-B visa this year and is also potentially considering applying for an L2
-My company has had recent layoffs and there is a risk factor to consider that there will be more layoffs in the future (a somewhat likely scenario), and while I am a top performer of my division, there is a risk of getting laid off
-My husband and I work for the same company
-If the L2 was obtained, my husband would either work for the same company under the L2 or would consider studying while waiting for his EAD to arrive
-We are both planning on filling for green card applications separately to increase the chances of getting it sooner. That said, the green card application can only be submitted in Q3 2018 due to the restrictions of companies not being to file for green card for 6 months following major layoffs.
-My husband wants to get an EAD card and already has a SSN.

My questions:
1) If my husband got the H1b but entered with an L2, what are the steps to do a change of status (COB)? Does he have to leave the US to do this? Additionally, do you need to do a COB for the EAD card as well?
2) Can you submit your EAD application when you go to your L2 appointment at the US embassy?
3) What are the chances that his L2 application would get denied?
4) Does entering the US with an L2 impact the H1B application at all?
5) Does the visa type he enters the US with have any implications to the green card application that we should consider?
6) How long does it take for the EAD card to process (I am seeing people say it is around 3-5 months but was hoping for confirmation)?

Any guidance would be much appreciated.

Thank you,
Sally

[sallylee]

Hi everyone,

Does anyone have any insight on this that they could share?!?

Thank you,
Sally

[scientist2016]

Hi,

I have found this forum extremely helpful by reading past posts but I am looking for your expert help as my situation is quite complicated.

Please find details below:

-I am currently working in the US under a L1-B visa with valid employment until Jan 2020
-My husband currently works in Canada under the Specialized Knowledge intra-company visa
-He is planning on filling for an H1-B visa this year and is also potentially considering applying for an L2
-My company has had recent layoffs and there is a risk factor to consider that there will be more layoffs in the future (a somewhat likely scenario), and while I am a top performer of my division, there is a risk of getting laid off
-My husband and I work for the same company
-If the L2 was obtained, my husband would either work for the same company under the L2 or would consider studying while waiting for his EAD to arrive
-We are both planning on filling for green card applications separately to increase the chances of getting it sooner. That said, the green card application can only be submitted in Q3 2018 due to the restrictions of companies not being to file for green card for 6 months following major layoffs.
-My husband wants to get an EAD card and already has a SSN.

My questions:
1) If my husband got the H1b but entered with an L2, what are the steps to do a change of status (COB)? Does he have to leave the US to do this? Additionally, do you need to do a COB for the EAD card as well?
2) Can you submit your EAD application when you go to your L2 appointment at the US embassy?
3) What are the chances that his L2 application would get denied?
4) Does entering the US with an L2 impact the H1B application at all?
5) Does the visa type he enters the US with have any implications to the green card application that we should consider?
6) How long does it take for the EAD card to process (I am seeing people say it is around 3-5 months but was hoping for confirmation)?

Any guidance would be much appreciated.

Thank you,
Sally

(1) You can either file for COS from within the US or travel out and re-enter with the visa status you want. There are downsides to both the approaches. COS can take quite some time. If you travel outside, and want to enter with H1, you would need to have that visa stamped in your passport which would mean a visit to the US consulate prior to the trip to the US. (Note, if your husband is a canadian citizen please ignore the US consulate visit statement I made above.) EAD is for L2. H1 automatically allows you to work (that is the definition of H1) so no EAD required.
(2) Typically you apply for EAD after entering the US. L2 visa only confers upon you the ability to present yourself at the border for admission to the US, but does not confer any status.
(3) Case dependent.
(4) No.
(5) No/none.
(6) Varies from case to case, but on the order of a few months.