Got H1b approved, want to quit current employer, currently has EAD on L2 till 2015

[samgrooves]

I am on L2 visa, my stamped visa got expired in Aug 2011, after that I got my extension and currently I have L2 visa extension till Aug 2015.
- I have an EAD which is expiring in Aug 2015.
- I also got my H1b approved which is starting in Oct 2013.
- Now I decided to quit my current employer and join a new employer, who is not ready to file a new H1b petition.

My questions are:

1. Can I still work with new employer after Oct 2013 on my EAD.
2. Is my EAD still valid after H1b triggers in Oct 2013.
3. What documents should I require if I want to leave my current employer.
4. Do I need to file Change of Status after Oct 2013 to get my L2 Visa back, if so can I work during the processing period(as I have EAD tilll Aug 2015)
5. If I want to travel to India in Nov, which visa stamping should I go for?
6. If I stamp L2 Visa before Oct 2013, can I still travel to India on that stamped L2 visa which is valid till Aug 2015 in Nov or I must stamp H1b in India.

Thanks in advance for the help.

[raghvi]

I am on L2 visa, my stamped visa got expired in Aug 2011, after that I got my extension and currently I have L2 visa extension till Aug 2015.
- I have an EAD which is expiring in Aug 2015.
- I also got my H1b approved which is starting in Oct 2013.
- Now I decided to quit my current employer and join a new employer, who is not ready to file a new H1b petition.

My questions are:

1. Can I still work with new employer after Oct 2013 on my EAD.
2. Is my EAD still valid after H1b triggers in Oct 2013.
3. What documents should I require if I want to leave my current employer.
4. Do I need to file Change of Status after Oct 2013 to get my L2 Visa back, if so can I work during the processing period(as I have EAD tilll Aug 2015)
5. If I want to travel to India in Nov, which visa stamping should I go for?
6. If I stamp L2 Visa before Oct 2013, can I still travel to India on that stamped L2 visa which is valid till Aug 2015 in Nov or I must stamp H1b in India.

Thanks in advance for the help.

If you have got H1 approved as COS and have an associated I94 along with the I797 then you should work only with the H1 employer from H1 start date.
1. Assuming the H1 was applied by current employer than NO. As you woudl automatically move to H1 status from Oct 2013 you would not be in L1 and EAD status.
2. No.
3. If current employer applied for your H1 then the H1 will start on Oct 2013, if you dont work with the employer from Oct 2013 you will be out of status. So either you transfer the H1 before Oct 2013 to the new employer, or leave US get L2 stamped and return, fiel a new EAD and work on that EAD with the new employer OR, ask the new employer to transfer the exisiting H1 by filing a new petition, and get H1 stamped through the new employer to work on H1 for the new employer. You would need H1 approval notice or at least receipt from current employer in order for a transfer to happen.
4. If you dont travel and return on L2 then yes. As you would automatically move to H1 from OCt 2013 you would need to file a H1 to L2 COS in order to return back to L2.
5. Only you can decide that, whther you want to work on L2 or H1.
6. Confusing question please rephrase and re post. As said , if you want to work on L2 get L2 stamped, if you want to work on h1 with current employer, take current employer's petition and get H1 stamped for current employer, if you want to work with new employer on H1 then first get H1 transferred and then get H1 stamped with new employer's petition.You would need H1 approval notice or at least receipt from current employer in order for a transfer to happen.


This is my opinion not legal advice.

[referforum]

L2 and H1 Filing Together

Hi ,

I am also into the same situation.

I really appreciate for your suggestions.

I am working on L2 EAD through employer A which is valid until Dec'13. Since L1/L2 will be getting expire in Dec we are planning to go for Stamping to Canada in October last week.
My H1B is still under process and which is filed through employer B.

Since I am not sure when my H1B will get approve and as per my knoweldge once it approve I will not able to work with employer A.
Kindly suggest,

1. If my H1B gets approved before or after October can I immediately transfer my H1B without Paystub.(Company C is offering me full time opportunity and saying they will transfer my H1B)
2. Though my H1B gets approved can I go for L1/L2 visa stamping in October.
3. Though my H1B gets approved in October can I work on L2 EAD until I go for L2 stamping (Grace Period).
4. Is there any chance that my H1B will get cancel if I go for L2 stamping.

Thanks in advance,