L2 to H1 trasfer

[dolphin123]

Hello,

I am on L2 EAD (valid till Jan 2013) and have been working from last 1+ year. Now my company is filing H1 (premium processing) for me in this month. If my H1 gets approved, I can start using that from Oct 2012.

1. Does that mean my current EAD can’t be used and I can’t work until Oct 2012?

Or

2. I can use my current EAD until Oct 2012 and then onward can use my approved H1.


Please help!

[kabkaba]

You can work continuously, using EAD until Sep 30 and using H1 after Oct 1. This assumes your spouse is maintaining L1 status.

[dolphin123]

My L2 and my spouse L1 status

Thanks kabkaba.

My L2 and my husband's L1 is valid till March 2013 and our I-94 is valid till Nov-2014.

Few poeple advised us that we can use I-94 (till Nov-2014) in order to extend the existing EAD. Does that true, can that be done too?

[shervin143]

Once your status chnaces to H1B (Oct 1st or later), you cannot extend the EAD. EAD can be extended only when you are in L2 status and your spouse is maintaining his/her L1 status.

Thanks kabkaba.

My L2 and my husband's L1 is valid till March 2013 and our I-94 is valid till Nov-2014.

Few poeple advised us that we can use I-94 (till Nov-2014) in order to extend the existing EAD. Does that true, can that be done too?

[dolphin123]

Thanks shervin143.

I understand that I can either have EAD (against L2) or H1. I will personally prefer to have H1 rather an EAD on dependent visa. But I was checking my option.
Let me rephrase my question -
My L2 is expiring in March 2013.
If my H1 (which my current employer in US is filing) gets rejected then can I extend my existing EAD with expired L2 but valid I-94?

[kabkaba]

Yes.