L2 to H1, spouse visa status

[depsnair]

H1 B spouse visa

Since my husband's L2 visa expires next year 09 his company applied for a change of status to H1B and has got his 1-797 A approval notice.
His L1 is valid till 09 and therefore I hold an L2 valid till oct 09. I am applying for work and hold an EAD. My question is -

1)now that his H1 status is approved would I still be retain my ead?
2) could he continue to work on L2 even after H1 is approved?

sorry if these questions have been answered.

Deepa

[itzprams]

It is not clear who is on L1 and L2.

Assuming your husband was on L1 and you on L2 + EAD.

1. Since it was COS, L1+L2+EAD is invalidated from Oct 1st.

2. From Oct 1st, your husband must have started working for H1 employer and you must have applied for H4 status otherwise your husband is working illegally for L1 employer and you are illegally present and illegally working on an EAD.

[depsnair]

ops sorry. I meant his L1 visa is valid till oct09 and has just got his COS to H1 B. so my question is am I eligible to work/ hold an EAD till Oct 09?

[itzprams]

ops sorry. I meant his L1 visa is valid till oct09 and has just got his COS to H1 B. so my question is am I eligible to work/ hold an EAD till Oct 09?

You must be on H4 now. L1, L2 is invalidated so an EAD too.
If you are still working on EAD then its illegal and you have to stop working.
Also, your husband must be working for H1 employer not for L1 employer.

Seek legal help...

[txh1b]

It looks like both the L1 and H1 employers in this case are the same ones. If so, your husband should be working on H1b now and this would mean the company had to apply for a COS of the L2 to H4 status to match the COS of H1b. If that was not done, the L2 holder is currently illegal and EAD is void. Huge problem!

[markid]

L2 to H1

I have a similar query, my husband is on L1 visa and I applied for an EAD under L2 visa and started working. Now my company wants to apply for my H1B visa.My question is, If i get the H1B visa, will my husband's status automatically change to H4, because that's what we don't want as his L1 is working fine for us and his company is applying a GC for him.

[txh1b]

None of the status changes are automatic.

In a L1-L2 combination, if L1 changes to H1, L2 has to change to H4. L2 as such can change to any non-dependent visa category by themselves without impacting the primary visa holder.

Bottomline, the dependent visa is really "dependent" on the primary!!!!!