Working on L2 EAD in USA while on Leave with India Employer sponsor of H1B

[amblig]

Hi,

My situation: I am in India and have a H1B extension petition which is approved (visa not stamped) through my current employer in India and my spouse has a L1. I have the L2 visa stamped on my passport. Since the work location for my project (through H1B) is different from my spouse's work location, I am looking for options of using the L2. My current employer is in the process of filing an amendment for my H1 to enable me to travel for a different project which has the same work location as my spouse.

Option - Travel on L2, search for job
1) If I apply for a long leave with my India employer and travel on L2 visa and get EAD, can I work in the USA would it be imperative that I travel to India to complete the separation process with current employer in India and then enter the USA again to start the work on L2 EAD? OR Can the separation be executed in the USA itself?

Option - Travel on L2, stay on leave until H1 approval
2) If I apply long leave with my India Employer and travel on L2 and get EAD, and wait for H1 amendment decision. When my H1 amendment is filed, can I immediately start working for a new project in USA through my current employer by virtue of H1 amendment petition and L2 EAD? Do I need to travel to India to get the H1 visa stamped and then start working in USA?

[amblig]

Can someone share your inputs?

[raghvi]

Hi,

My situation: I am in India and have a H1B extension petition which is approved (visa not stamped) through my current employer in India and my spouse has a L1. I have the L2 visa stamped on my passport. Since the work location for my project (through H1B) is different from my spouse's work location, I am looking for options of using the L2. My current employer is in the process of filing an amendment for my H1 to enable me to travel for a different project which has the same work location as my spouse.

Option - Travel on L2, search for job
1) If I apply for a long leave with my India employer and travel on L2 visa and get EAD, can I work in the USA would it be imperative that I travel to India to complete the separation process with current employer in India and then enter the USA again to start the work on L2 EAD? OR Can the separation be executed in the USA itself?

Option - Travel on L2, stay on leave until H1 approval
2) If I apply long leave with my India Employer and travel on L2 and get EAD, and wait for H1 amendment decision. When my H1 amendment is filed, can I immediately start working for a new project in USA through my current employer by virtue of H1 amendment petition and L2 EAD? Do I need to travel to India to get the H1 visa stamped and then start working in USA?

1. It depends upon the terms and conditions of the separations. Some companies require a notice period or pay in lieu of the same.
2. L2 and H1 are two different "non immigrant status" in order for you to move to H1 not only the amendment, but a COS from L2 to H1 also has to be approved.

This is my opinion not legal advice.

[amblig]

Thanks Raghvi for the reply, however would you be able to confirm if I need to travel to travel to India to get the Visa stamped before I can start working on the H1 visa??