L2 to H1 COS related queries

[neets126]

Hi

My husband is on an L2 and had got an EAD as well in June. He got his H1 COS approval also in this years quota, thru a consultant and it is effective from Oct 1.
He has been searching for jobs (right now he is not working), and companies prefer taking him on EAD rather than H1.
He has not got stamping for H1 or L2.. as his L2 was also a COS from L1.
Is his L2 and EAD still effective? Is it possible for him to work on EAD now rather than on his H1 since his status would have changed to H1 automatically?

Thanks for your response in advance.

[neets126]

Please help

Please reply

[sk4ih]

As he's on H1 now, COS to be done to get back to L2.

[neets126]

So he has to go thru the COS process again? Will his H1 become invalid then? How long will the process take?

[sk4ih]

Yes. H1 petition would be valid as long as it's NOT canceled by the employer.
COS could take 2-3 months.

[neets126]

ok.Thanks for your response.

[txh1b]

If he already has a L2 visa, the quick way to get back on L2 is to leave the country and enter on L2 visa.

For a COS, he has to prove that he was working and getting paid on H1b which is the current status and I guess that is not the case which puts him out of status thereby the COS to L2 could get denied.

[shervin143]

It usually takes 3 months. It varies depending on which Center is handling your application. Check the current processing time in the USCIS website. There is a premium processing available for COS that would take 15 calendar days (It requires an additional $1000 to be paid by the employer.)

How long will the process take?

[neets126]

Thank you

[txh1b]

It usually takes 3 months. It varies depending on which Center is handling your application. Check the current processing time in the USCIS website. There is a premium processing available for COS that would take 15 calendar days (It requires an additional $1000 to be paid by the employer.)

There is no premium processing available for a L2 COS and employer has got nothing to do with the L2 COS processing.

[shervin143]

Looks like premium processing is available only when a form I129 is filed. Thanks for the quick clarification.

There is no premium processing available for a L2 COS and employer has got nothing to do with the L2 COS processing.