H-4 EAD to L-1 and back to H-4 EAD

[maxy_spy]

Hello Everyone,
I have a unique situation. My wife currently holds a H4 visa and an approved H-4 EAD till 2020. She is currently working outside USA and her employer has decided to bring her in on L1 visa.

Now, Since we will be living in different cities, I would like to know the following.

1) if she gets L1 visa status will her H4-EAD be cancelled even though it is valid till 2020?

2) if she wants to change the jobs can she move to h4 status and use the same h4-ead ( assuming she moves in later 2017 and before 2020) or she needs to apply for a fresh H-4 EAD card

3) if I change my employer from A to B and my employer A keeps my i-140 valid can my wife file a H-4EAD based on employer A's approved i-140?

Please let me know about this.

Thank you in advance!

[raghvi]

Hello Everyone,
I have a unique situation. My wife currently holds a H4 visa and an approved H-4 EAD till 2020. She is currently working outside USA and her employer has decided to bring her in on L1 visa.

Now, Since we will be living in different cities, I would like to know the following.

1) if she gets L1 visa status will her H4-EAD be cancelled even though it is valid till 2020?

2) if she wants to change the jobs can she move to h4 status and use the same h4-ead ( assuming she moves in later 2017 and before 2020) or she needs to apply for a fresh H-4 EAD card

3) if I change my employer from A to B and my employer A keeps my i-140 valid can my wife file a H-4EAD based on employer A's approved i-140?

Please let me know about this.

Thank you in advance!

1. Her H4 visa would be valid as long as H4 visa is not cancelled. And EAD will be valid til its validity and underlying eligibility remains.But if she uses her L1 to enter US, she would be in L1 status and cannot use the EAD unless a L1 to H4 COS is approved.
2. Yes, she can use the same EAD. But her H4 COS needs to be approved first.
3. Yes.

This is my opinion not legal advice.

[maxy_spy]

Thanks for the reply raghvi.

I also have the follow questions:

According to my wife's employer H-4 EAD might go away in September ( I am not sure about this). Their plan is to bring her on H-4EAD and process L-1A visa in parallel as her joining is next month

1) How long does it take to get an L-1A visa?

2) how long does it take to change from L-1A to H-4 status? ( we will be needing H-4 EAD eventually to bring her in the same city as mine if her employer does not give an internal transfer)

4) I also saw that in the new rule if the i-140 is approved for more than 180 days then USCIS would not revoke it unless it qualifies as a mistake/fraud case so does this mean that I can change my employer from A to B and even if they do not file the I-140 in timely manner I can still extend her H4-EAD as well after her current EAD expires in 2020? ( because some companies do not file I-140 till 1 year of employment completion)

Please let me know about this.

Thank you in advance

[raghvi]

Thanks for the reply raghvi.

I also have the follow questions:

According to my wife's employer H-4 EAD might go away in September ( I am not sure about this). Their plan is to bring her on H-4EAD and process L-1A visa in parallel as her joining is next month

1) How long does it take to get an L-1A visa?

2) how long does it take to change from L-1A to H-4 status? ( we will be needing H-4 EAD eventually to bring her in the same city as mine if her employer does not give an internal transfer)

4) I also saw that in the new rule if the i-140 is approved for more than 180 days then USCIS would not revoke it unless it qualifies as a mistake/fraud case so does this mean that I can change my employer from A to B and even if they do not file the I-140 in timely manner I can still extend her H4-EAD as well after her current EAD expires in 2020? ( because some companies do not file I-140 till 1 year of employment completion)

Please let me know about this.

Thank you in advance

1. L1 visa and L1 Status are two different things. A visa can only be got by applying for visa stamping at a consulate outside US. If your spouse enters US by showing her H4 visa at the port of entry, her status would be H4. Subsequently her employer can file a H4 to L1A Change of Status and upon approval with a new i-94, she would attain L1A status. It typically takes 2-4 weeks if applied in premium.
2. It can take 2-4 months for L1 to H4 status as there is no premium processing available for COS to H4. Alternatively, she can leave US and re enter on her valid H4 visa to reduce the time to move to H4.
4. Yes you can. Remember your spouse's H4 EAD depends upon her being in valid H4 status which in turn depends upon you having valid H1 status. You can use the existing I140 approval to extend your H1 and also subsequently your spouse's H4 and H4 EAD.

This is my opinion not legal advice.