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Going for H1b in L2 without EAD will it be a problem?

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  • Going for H1b in L2 without EAD will it be a problem?

    Hi All,

    My Husband went to VISA interview and he got L2 VISA valid till Jan 2012.

    But the problem here is, I have my L1 VISA valid till jan end of 2012. Same with I-94 also. SO he got L2 VISA stamped only til Jan 2012, which is very valid.. He will Come to US in OCT 1st week. He is planning to H1 B VISA. can he go directly for the H1B oif he has to go for EAD.

    If he goes for EAD, by the time he gets his EAD his visa will expire.. He doesn't hold SSN also.

    Can someone help me..all we have is Oct, Nov, Dec time frame.

    Tell me process, like wat should i do?

    Thanks,
    Haritha R

  • #2
    If he want to work in L2 EAD, then he should apply for the EAD upon reaching U.S.Once approved, he can start working in L2 EAD. When you file your L1 extension, you can also file the L2 extension and the EADextension together. Once the current EAD expires, he can no longer work until the EAD is renewed.

    Alternatively, he can find an employer who can file a change of status from L2 to H1B. If the COS gets approved (with a new I-94), he can work for the H1B sponsor in H1B status.
    Not a legal advice. Use of this information is strictly at your own risk.

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