L2+EAD to H1 conversion.....Please advice

[ritikabharaj]

I came here on an L2 visa in May 2008. I applied for EAD and got my EAD card in August 2008. Since then, I am not working, just did a part-time job for 2 months. Now, I am planning to apply for the H1 visa this year so that I have an independent status.

Q1: Is it advisable to apply for an H1 visa, even though I am authorized to work with my EAD (which is dependent on my husband's visa)?

Q2: Will this question be raised as to why I need an H1, if I have a valid EAD?

[itzprams]

Q1: Is it advisable to apply for an H1 visa, even though I am authorized to work with my EAD (which is dependent on my husband's visa)?

--If you want independent status, you can try applying for H1 visa this year.
L2 EAD is valid until L1 holder is in valid status. If L1, going back to home country, L2 cannot stay/work in US.

Q2: Will this question be raised as to why I need an H1, if I have a valid EAD?

---No, both are different. On h1b you must be paid all the time. No matter if there is a work or not. On L2-EAD , employment is at will. You can start/stop working any time.

[ritikabharaj]

Thank you very much for the quick response.

Also, I have one more question.

As you know, the H1 applications are filed in the month of April. So if I file my application this year in April and it gets approved then it will be valid only from October 1st. So in the period from April to October, will my EAD be valid? Will I be able to start working with my EAD during that time or should I wait for my H1 status to start in October and then start working??

[txh1b]

Your H1b (if filed as a COS-Change of Status) will be effective from Oct 1st if it is cap subjected. Until Oct 1st, you remain on L2 and any EAD approved remains valid for work until then.