L2 EAD to H1,want to work for current employer.Please help!

[Rgopi]

Hi,

I am currently on L2 EAD and it is valid for 2 more years. I just joined company A on L2 EAD. Company B has processed my H1b and it has got approved. However I don't wish to join Company B.

1. Is there any way I can continue working for company A,after October 1st?
2. If I continue for company A ,will my H1b expire?
3. How can I convert to H1b only when I want it.

Note: I have never worked for company B earlier.

Thanks for your answers

[raghvi]

Hi,

I am currently on L2 EAD and it is valid for 2 more years. I just joined company A on L2 EAD. Company B has processed my H1b and it has got approved. However I don't wish to join Company B.

1. Is there any way I can continue working for company A,after October 1st?
2. If I continue for company A ,will my H1b expire?
3. How can I convert to H1b only when I want it.

Note: I have never worked for company B earlier.

Thanks for your answers

Assuming L2 to H1 was filed as a COS you would automatically move to H1 from H1 start date and must work only with H1 employer.
1. In order to avoid this you have to do what is called a "leap frog". Leave US before H1 start date and return on valid L2 visa after H1 start date, this will nullify the automatic status change.
2. No.
3. As you have been cap counted, another employer can file a cap exempt H1 later on.

Again to avoid automatically moving to H1 you have to do a leap frog. Hopefully your L2 is valid to allow you to leave US and re enter US as per mentioned above.

This is my opinion not legal advice.

[Rgopi]

Thanks for your feedback Raghvi.

I would be interested to do the leap frog. However I have one more question.

If I do the leapfrog and then at a later stage I need to move to H1, then should I be in a position to show payslips for company B?
What all documents should I have with me when I should apply for H1 at a later date? Note: I wont have payslips to show ,since I never worked for company B.

Thanks,
Ramya

[raghvi]

In future most of the employer would need the H1 approval notice (I797) to ascertain that you indeed were cap counted, make sure you collect the same from Employer B.

This is my opinion not legal advice.