H1 B to L2 conversion

[shradz05]

Hi,

My Husband is completing 6 yrs on H1B this June 2010.

We both work for same company and I am currently on L1B. My company has filed I-539 for my husband to change his status from H1B to L2 so that he can file EAd and continue working here after June2010.

Questions:
1. Can we submit EAD application (Form I765) while I-539 conversion is in process?
3. Can my husband stay in US and work if his L2 is not approved before June 2010 ( when his H1 expires)?
2. Can My husband travel out of US after applying EAD (I-765)?

Thanks

[shervin143]

1. Can we submit EAD application (Form I765) while I-539 conversion is in process?
>>> COS to L2 and EAD can be applied together. I am not usre if it can be applied separately before the L2 status is granted. Probably other forum members can help.

3. Can my husband stay in US and work if his L2 is not approved before June 2010 ( when his H1 expires)?
>>> No. It would be illegal to work without the work authorization.

2. Can My husband travel out of US after applying EAD (I-765)?
>>> Yes. But if a person travels when a COS is in progress, it might get the COS denied. So it is advisable to wait until the COS to L2 gets approved.

[shradz05]

Thanks for the reply!

For my quetion # 2,

3. Can my husband stay in US and work if his L2 is not approved before June 2010 ( when his H1 expires)?
>>> No. It would be illegal to work without the work authorization.
shradz05 -So this means, IF COS to L2 is not approved before my Husband's H1B expires then he will still have to stay in US till COS to L2 is approved but he will not be able to work here? Is this understanding correct.

[shervin143]

That is correct. It is just advisable to stay in U.S. Because the COS will come witha new I-94. When he leaves the country he need to return all his I-94's and upon coming back (On L2 visa) he will get a new I-94. The last received I-94 takes prcedence over all the other I-94. So it is advisable to stay in the country when an approval is pending with USCIS.

[kapa26]

Need h1b to l2b Transfer in consular Process

i wanted to ask about my scenario. i am on H1 and my wife on L1. we both are in US right now. my project is about to end and my company will ask me to go back to my base location. i wanted to know in this case should my wife's company apply for a consular processing or a change of status for me?

if they apply for consular status and my company asks me to leave can i still resign from my current ocmapny and be in US or do i need to go out of US and get the L2 stamped and come back again?

how much time does it take to get the L2 change of status and how much time for consular process?

all about i do not want to loos my H1B status without transfer to any consultancy please advice.

i will really appreciate your responses to this question.

Thanks
kapa26