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  • Question on H1 status

    I am an employee of an Indian company. I came to US on an assignment in February 2005 on H1 visa. My H1 via was suppose to expire on June 9th 2007. I applied for H1 Extension which was filed with uscis in February 2007. I left US in March 2007.

    I returned back to US after a month in April 2007; this time on L2 visa since I was on leave.
    Me and my husband both are employee of same company.
    I received papers of H1 petition and extension which I had filed before leaving US. This petition has an expiry date of May 2009.
    I obtained EAD in October, 2007 and starting working in November 2007 for the same company. Now my EAD is going to expire on June 28, 2008. Given a choice I want to work on H1 rather than on EAD.


    My question is :- The H1 petition with expiry date of May 2009 is that still valid or not. Can I go back to India and get H1 stamping done and return back to US and work. Or in this entire process at some stage my H1 petition got invalidated.

    Thanks for your help in advance. Please let me know if you need any other additional information.

  • #2
    What was the EAD based on? Filing an I-485? Or L2 status? If L2 status, how?

    When did you get the H1 extension approved? Before you entered the U.S. on L2 or after you entered?

    Try to provide some specific dates.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

    Comment


    • #3
      If your company has not revoked the H1b, it remains valid. You can get a H1b stamp and re-enter on H1b and work for the company.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        H1 petition status

        EAD was based on L2 status.

        I got the H1 extension approved on February 26th 2007 (It said petition valid till May 9th 2009), and I left US on February 28th 2007. Re-entered US on April 1st 2007 on L2 visa. Started working after obtaining EAD from November 2007.
        I hope this helps. Let me know if any more information is required.
        **** **** **** **** **** **** **** **** **** **** **** **** **** *


        Originally posted by DMX17
        What was the EAD based on? Filing an I-485? Or L2 status? If L2 status, how?

        When did you get the H1 extension approved? Before you entered the U.S. on L2 or after you entered?

        Try to provide some specific dates.

        Comment

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