L & H visa overlap periods

[vs_vasan]

Hi,

My L1B visa is maxing out(completing 5yrs) in May 2006. Hence my employer applied for H1B for me, which got approved with a start date of Feb 2006.

So, now I have a overlap of L1B & H1B visas for 4 months(Feb '06 - May '06).

My wife who is on dependent visa also has a overlap of L2 & H4 Visas for 4 months(Feb '06 - May '06). ie., her L2 is valid till May 2006 and her H4 approval is effective from Feb 2006.

My wife is currently working with EAD based on her L2 visa. So, can you please let me know whether my wife can work till May 2006 or Feb 2006?

Your immediate response will be greatly appreciated.

Thanks
Srini

[vs_vasan]

Can someone please clarify?

Thanks
Srini

[veena_swsh]

Hi,
I am not sure what you mean by over-lap. Once the petition to change the non-immigrant status (I 539) gets approved, you are on H1B status. Similarly for your wife.

[vs_vasan]

So....do you mean to say that we cannot take advantage of the validaty of both L2 & H4 and continue to work under L2 based EAD till May 2006?

[Nishant]

L2 status depends on L1 status. When L1 expires or changed to H1 status, L2 expires and so does EAD.
H4 doesnot have benefit of EAD as L2.

[veena_swsh]

Vasan,
A person can have only one non-immigrant status at a time, as determined by the I 94. If change of status from L2 to H4 has been allowed, then it is illegal to continue working on L2 as that status does not exist any longer.