Transferring H1 while on L2

[simonjones]

Hi,

I am based in the US on an L1. My wife's firm in India will apply for her H1 visa (and hopefully it will be approved). If the H1 is approved, she plans to quit her job and travel to the US on an L2 without a job. Here are my questions.

1) She will not have worked with her original company or have paystubs. Can she still transfer her H1 to her new company in the US in Oct?
2) Can she be on L2 status with (or without a job) while her H1 is in process?
3) Can she start a new job on L2, while her H1 is in process and transfer to H1 once status kicks-in in Oct?

Thanks,

[raghvi]

Hi,

I am based in the US on an L1. My wife's firm in India will apply for her H1 visa (and hopefully it will be approved). If the H1 is approved, she plans to quit her job and travel to the US on an L2 without a job. Here are my questions.

1) She will not have worked with her original company or have paystubs. Can she still transfer her H1 to her new company in the US in Oct?
2) Can she be on L2 status with (or without a job) while her H1 is in process?
3) Can she start a new job on L2, while her H1 is in process and transfer to H1 once status kicks-in in Oct?

Thanks,

She doesnt need an H1 to work while on L2 she can work after getting an EAD while on L2.

1. Yes it is possible.
2. Yes.
3. She would need an EAD to be allowed work on L2. Also she would need to apply a L2 to H1 Change of Status (COS) and can only work on H1 after the COS is approved.

One huge difference is that its not mandatory to be working and getting paid on L2 + EAD combination, but if one is on H1 one has to work and get paid otherwise one goes out of status..

This is my opinion not legal advice.