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L to H and H4 EAD

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  • L to H and H4 EAD

    I'm on L1 visa and my wife is having L2 EAD. I'm planing to file for H1. In case if i file for H1 Consular Processing -

    - Do i need to go to my home country only for stamping or i can go to Canada as well ?
    - Can my wife continue working on L2 EAD (even after Oct 2016) unless we go out of US and come back on H1/H4 status ?

    and if i file for H1 Change of Status, I will have to wait H1 to be approved before filling for H4/H4 EAD ( I have I140 approved). In such cases -
    - Can i file H4 and H4 EAD together ?
    - How much time does it take to get H4 EAD ?
    - I believe my wife will have to go on leave after 1st Oct until she gets H4 EAD.

  • #2
    1. Yes. You have to go to home country
    2. No- Her L2 visa is valid only if your L1 visa is valid.

    1. You need to have H1 and H4 approved first before H4 EAD can be processed and approved.
    2. 90 days after the H4 approval.
    3. Not sure

    Please read H4 EAD faq at,
    https://www.immihelp.com/h4-visa-ead-faq/
    This is not a legal advice. Use at your own risk.

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    • #3
      Make sure when you file your COS from L1 to H1B, you also file a COS from L2 to H4 for your spouse. Otherwise she will go out of status on L2 post Oct 1st.
      Not a legal advice. Use of this information is strictly at your own risk.

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