L2+EAD and H1B simultaneously

[Vineet Singh]

Hi,

1) I have got my L1 visa and will be travelling in March. My Wife company has filed her for H1B and if it gets approved she will be ready to work in US from Oct'15 onwards. Can My wife apply for L2 visa+EAD?

2) Will it impact her H1B processing? We are out of US at this point of time?

3) She will be working for same company L2+EAD or H1B. So if rules allow then she will file L2+EAD and if she gets H1B then is it mandatory for her to switch to H1B from Oct'15 onwards or She can wait till L2+EAD period before stamping H1B?

Thanks,
Vineet

[Vineet Singh]

I have got responses to these queries, Posting the response if in case anyone face similar situation..

L2 visa is entirely different thing and applying for L2 Visa and subsequent EAD will have no interference with H1B processing. If one is applying H1B as COS then L2+EAD will be automatically changed to H1B from 1st Oct otherwise if H1B is a consular than individual can use full term of L2+EAD and can stamp H1B towards the end of L2+EAD. This will give more time to stay in US as L2+EAD duration will not be counted towards 6 year duration of H1B. Only risk with L2+EAD is dependency on L1 worker, If L1 worker has to leave US then L2+EAD will also have to leave US.