L2 Ead - H1b

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Hi
My wife joined me here in US on a L2 petition and got her EAD around Mar 2006. She started working for a consultant and the consultant filed a H1 petition for her which was approved. The consultant has not provided the H1 documents to us and has refused to do the same. I had to relocate to a new location in US and hence my wife would be leaving her current assignment and joining me shortly.

1. What is her current status? L2-EAD / H1B ??

2. If she her status is H1B currently and she leaves her job can she remain in US legally on her L2 petition. Does she need to apply for EAD for go for stamping again(she still has a valid L2 multiiple entry visa)

3. If she goes on L2 - EAD again, does her H1B get invalidated automatically.

Thanks so much for the help.

Regards
Vinoth

[txh1b]

1. Depends if the employer applied for a COS or not. Most likely they might have applied for COS meaning she is on H1b.
2. None of the status changes are left to your discretion. They have to be approved by USCIS. No, she has to apply for a COS from H1b to L2 or travel outside and return on L2 visa. As you are not sure if it was a COS or not, travel is the better option.
3. H1b, if revoked becomes invalid. That does not mean the cap counted H1b number cannot be used with another employer. You need some sort of proof like a receipt number atleast to use the H1b later on with another employer.

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Thank you for your reply. A follow up question on the same.

If we apply COS for a H1 to L2 via a I-539, is she allowed to stay in the country?

Her L2 visa was valid until 2010 and so was her I-94 for L1. Though am not sure if they are relevant now that she is going to be in H1B.

The current processing times look like 3 months

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Hi All
Thought I would share this with you. I called up the USCIS helpline and requested information on the same. The clarification received was.

"If you apply (E-file) the I-539 BEFORE the layoff, or resignation or stop of paystub processing, you will be able to stay on the basis of that receipt until the I-539 processing is completed"

Regards
Vinoth