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L2 to H1 conversion (With approved New H1)

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  • L2 to H1 conversion (With approved New H1)

    My spouse is on an L2 EAD and She is working for company A (from june 2012),
    We had also applied H1 for her in Apr 2012 and received the I-797 with Extended I94(for three years)(applied thru company X) ,

    My questions are :
    1. Will her L2 EAD become invalid from Oct 1st 2012? .

    2. Will she have to get her H1B transfered from (company X to company A) inorder to continue to work with company A.if So Can we convert now(before the start of H1 petition)?Or can we transfer her H1 (H1 Trans from X to A)by filing on Oct 1st.

    3. Can we apply a fresh H1 from Company 'A' in Non-CAP (with Comp 'A' paystubs & I797 copy)

    Your help is highly appreciated

    Regards
    satviv

  • #2
    1. Will her L2 EAD become invalid from Oct 1st 2012? .
    Yes, since her status will change to H1 on Oct 1.

    2. Will she have to get her H1B transfered from (company X to company A) inorder to continue to work with company A.if So Can we convert now(before the start of H1 petition)?Or can we transfer her H1 (H1 Trans from X to A)by filing on Oct 1st.
    Yes, Company A can process her H1, based on the approved H1 petition from X. If she doesn't want to leave A, I think she should get the A's H1 approval before Oct1. So, Company A can process her H1 in premium now itself.

    3. Can we apply a fresh H1 from Company 'A' in Non-CAP (with Comp 'A' paystubs & I797 copy)
    Yes, see the answer 2.

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