L2 EAD to H1B Queries

[espriya]

Hi,

I am staying in North Carolina. Working in L1 Visa. I am pregnant and hence my husband came here to take care of me, by taking a long leave in his company which is in India. My husband came here in L2 visa and we have applied for his EAD. Expecting the EAD to be available by Nov'10. In the meanwhile, the company with whom he was working in India, has filed H1B visa petition for him and it is under process. Expecting his H1B visa stamping to be done in India by Nov/Dev'10. (H1B Petition is yet to be approved)

Here are the questions we have. It would be great if you could provide clarification on the items mentioned below:

1. If he starts working with his L2-EAD in US, will there be any problem for his H1B petition/visa processing?

2. If he gets his H1B petition approved (VISA stamping NOT DONE) after starting to work with L2-EAD, will his L2-EAD be cancelled?

3. Will his L2 status get cancelled, once the H1B is approved/stamped?

5. What are the consequences if for any reason H1B stamping is rejected? Can he return back to US in his L2 status and continue working with his EAD? (Provided he goes for stamping in Mexico/Canada)

6. Can he come back to US with his L2 status even in case of H1B rejection, provided he goes for stamping to India? Will his EAD be active once he comes back to US

Since I am pregnant, he had no way to wait in India until his H1B processing completes. Hence, he has taken a long leave and came here to take care of me. However, due to economical reasons, he had to go for work with any of the work permit, as early as possible. That is the reason, on a safer side he had applied for his EAD, which would help us in case of any rejection in H1B visa.

Any help in this regard is greatly appreciated!

Regards,
Sathya.

[shervin143]

1. If he starts working with his L2-EAD in US, will there be any problem for his H1B petition/visa processing?
>>> No.

2. If he gets his H1B petition approved (VISA stamping NOT DONE) after starting to work with L2-EAD, will his L2-EAD be cancelled?
>>> If the H1B was applied as a Consular process (approval comes without an I-94) instead of COS, then he can continue to work on L2 EAD and when he is ready to work in H1B, he has to get it stamped and return back in H1B visa.

3. Will his L2 status get cancelled, once the H1B is approved/stamped?
>>> There is no status when a person is outside the country. The visa in which you entered the country will decide under which status you are in. Also, if you apply for a COS and if it gets approved, then your status will change accordingly. Sometimes, the VO might cancel the L2 visa when he goes for his H1B stamping.

5. What are the consequences if for any reason H1B stamping is rejected? Can he return back to US in his L2 status and continue working with his EAD? (Provided he goes for stamping in Mexico/Canada)
>>> Possible if the L2 visa is not cancelled while applying for the H1B visa. If it is his first time H1B stamping, then it is very much advisable to be done in your home country unless he did his education here in U.S.

6. Can he come back to US with his L2 status even in case of H1B rejection, provided he goes for stamping to India? Will his EAD be active once he comes back to US
>>> If the L2 visa is valid, then he can come back in L2 visa. EAD will be active to work until it's expiry date.