L2 EAD to H1

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I am currently on L2 EAD with L status expiring on 29th Sep 2012. My spouse has applied for his L1 blanket extension also with my L2 extension; considering the L1 visa scrutinity my employer has initiated H1 for me with cap exemption as I was cap counted in 2007. My EAD is valid till Apr 2013.

Now,

1. If H1B petition approves first before the L1/L2 extension, Do I need to immediately change my status to H1B and my spouse to H4? or can we wait for the L1 extension or till the I94 expiry dates (My I94 is valid till Mar 2014 though my spouse I94 is valid till Sep 2012).

2. And if L1/L2 extension approves after H1B approval - Can i switch back to L2 EAD again to have the benefit of EAD?

3. As we have our visa till Sep 2012; as I need to attend for either L2 visa or H1 visa if i travel to India, will it be any problem for H1b visa interview as I have tried to change to H1 from L2 status.

4. Mostly importantly, I would like to know the best time to apply for H1B. Ideally i am looking to continue on L2 EAD if the extension process works out well. So can i apply for H1b now or can i wait for some time to know the extension status?

Thanks,
Shilpa

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Hello Shervin / Kabkaba / Seniors,

Can you please reply to my queries?

Thanks,
Shilpa.

[shervin143]

1. If H1B petition approves first before the L1/L2 extension, Do I need to immediately change my status to H1B and my spouse to H4? or can we wait for the L1 extension or till the I94 expiry dates (My I94 is valid till Mar 2014 though my spouse I94 is valid till Sep 2012).
>>> I am guessing your employer filed the H1B petition as a COS from L2. If that is the case, the H1B approval will come with a new I-94 and your status will automatically change to H1B as of the effective date mentioned in the approval notice (Which will most likely be immediate is the employer did not request a future start date). The I-94 that comes with the H1B approval will take precedence over your L2 I-94.

2. And if L1/L2 extension approves after H1B approval - Can i switch back to L2 EAD again to have the benefit of EAD?
>>> Yes. If the L2 extension gets approved after H1B, then your status will change back to L2 and you can continue to use your L2 EAD. Search and read about the last action rule.

3. As we have our visa till Sep 2012; as I need to attend for either L2 visa or H1 visa if i travel to India, will it be any problem for H1b visa interview as I have tried to change to H1 from L2 status.
>>> No issues.

4. Mostly importantly, I would like to know the best time to apply for H1B. Ideally i am looking to continue on L2 EAD if the extension process works out well. So can i apply for H1b now or can i wait for some time to know the extension status?
>>> I thought your employer has already filed the H1B. What are you trying to ask?

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Thanks a lot Shervin143 for your answers.

Actually My employer didn't file the H1B yet, I need to submit the paperwork this week. And I would like to take advantage of last action rule by getting the L2 EAD status at last. Can you please answer the possible scenarios in my case:

1. My spouse's employer already started the blanket L1/L2 extension process. Can you please let me know how much time it will take generally for blanket L1 extension?

2. So when do you think I can ask my employer to start H1B from L2 COS considering I would want H1B petition to approve before the L1/L2 extension as I want to take advantage of last action rule for getting the L2 status.

3. And also I have my EAD valid till Apr 2013? If the extension comes end of August or in Sep, do i need to apply for EAD extension to resume my work or am I good to continue work on L2 EAD? I don't think I can apply for EAD extension now as the extension process still in process.

Please advise.

Thanks,
Shilpa

[shervin143]

1. My spouse's employer already started the blanket L1/L2 extension process. Can you please let me know how much time it will take generally for blanket L1 extension?
>>> 2-3 months by normal process and 15 days by premium. There is no premium for L2.

2. So when do you think I can ask my employer to start H1B from L2 COS considering I would want H1B petition to approve before the L1/L2 extension as I want to take advantage of last action rule for getting the L2 status.
>>> Either ask your spouse to file his petition in premium and get the result within 15 days. With that result, you can decide whether to go for H1B or not. Otherwise, file your H1B in premium. If it gets approved, you will be in H1B status. When the L1/L2 gets approved later, your status will change to L2 and you can utilize the EAD. Another alternative is, wait for the result on the L1/L2 and if there is an RFE, you go ahead with your H1B processing.

3. And also I have my EAD valid till Apr 2013? If the extension comes end of August or in Sep, do i need to apply for EAD extension to resume my work or am I good to continue work on L2 EAD? I don't think I can apply for EAD extension now as the extension process still in process.
>>> You can use the existing valid EAD.

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Thanks!

Thanks a ton Shervin.

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Please reply

Hello Shervin and Seniors,

My spouse's company didn't file the extension yet and may start it soon. I have one more query, if I start my H1 now with premium along with H4 for my spouse and kid - Will my spouse status will also change to H4 dependent with my H1B approval? So this means, he will loose the L1 status. Please help.

Thanks.

[shervin143]

No. Their status will change to H4 only when their H4 petitions gets approved (The H4 effective date will be mentioned in the H4 approval notice).

Hello Shervin and Seniors,

My spouse's company didn't file the extension yet and may start it soon. I have one more query, if I start my H1 now with premium along with H4 for my spouse and kid - Will my spouse status will also change to H4 dependent with my H1B approval? So this means, he will loose the L1 status. Please help.

Thanks.

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Please reply

My employer have applied for H1-B in premium and it's approved with immediate effective date till 2015. I have my L2 EAD valid till April 2013 and as my status is changed to H1-B from L2 now, Can I use my existing EAD If I again change my status to L2 from H1-B before Apr 2013. Or do I need to apply for new EAD if my status changes to L2 even before Apr 2013.

My spouse's company didn't file L1/L2 yet (his I-94 last date is 29-Sep-2012) and they may do it sometime this month. Please advise. And also please tell me the below:

1. If I change my status to L2, what will happen to my approved H1-B? I mean can I change my status again back to current H1-B from L2 or Do I need to apply for new H1-B altogether again to change the status from L2 to H1-B in future.

2. I have applied H1-B in cap exemption this time, from the one I have applied in 2007. Will I be cap exempted for next 6 years with my new H1-B?

Thanks,
Shilpa

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Hello Seniors,

Can anyone please please reply to my below questions?

Thanks,
Shilpa

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Hello Kabkaba,

Can you please reply to my below questions?

Thanks in advance,
Shilpa

[kabkaba]

My employer have applied for H1-B in premium and it's approved with immediate effective date till 2015. I have my L2 EAD valid till April 2013 and as my status is changed to H1-B from L2 now, Can I use my existing EAD If I again change my status to L2 from H1-B before Apr 2013. Or do I need to apply for new EAD if my status changes to L2 even before Apr 2013.
-- You will not need a new EAD.
My spouse's company didn't file L1/L2 yet (his I-94 last date is 29-Sep-2012) and they may do it sometime this month. Please advise. And also please tell me the below:

1. If I change my status to L2, what will happen to my approved H1-B? I mean can I change my status again back to current H1-B from L2 or Do I need to apply for new H1-B altogether again to change the status from L2 to H1-B in future.
-- H1 status will end. however having this petition approved means any employer can file cap-exempt petition within the next 6 years.
2. I have applied H1-B in cap exemption this time, from the one I have applied in 2007. Will I be cap exempted for next 6 years with my new H1-B?
-- Yes. See above.
Thanks,
Shilpa

If you are currently not maintaining H1 status (working for hte H1 employer), then your change of status to L2 will not get approved.

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Thanks a lot Kabkaba. Yes I am maintaining my status on H1B working with the same employer.

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Hello Kabkaba,

Can you please answer the below:

If I still go ahead and apply for my L2 extension with my Spouse's L1 extension and if that gets rejected by any chance, Can i still continue with my current H1B status or my H1b status gets void.

Thanks,
Shilpa

[kabkaba]

If L2 extension is denied because current status is not maintained, you will need to leave the US. If denied for any other reason, current status (H1) will continue.