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L2+EAD to H1 feasibility

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  • L2+EAD to H1 feasibility

    I am in L2 visa and working full time in a product based company with EAD. Is it possible for my current employer to file a new H1B petition for me with COS , so that from coming october i can be independent of my wife's L1 status ?
    I know this is possible by switching employers , but just want to know about doing the same through the current employer itself...
    >Can I demand my employer for this new H1B petition ? I know its a burden in terms of money for them, and it depends on the employer .Just wondering How willing normally employers will be ?
    > Is there any restrictions on USCIS side for L2 to H1 status as COS? How far the rejection rate will be ?

  • #2
    Originally posted by nivas01 View Post
    I am in L2 visa and working full time in a product based company with EAD. Is it possible for my current employer to file a new H1B petition for me with COS , so that from coming october i can be independent of my wife's L1 status ?
    I know this is possible by switching employers , but just want to know about doing the same through the current employer itself...
    >Can I demand my employer for this new H1B petition ? I know its a burden in terms of money for them, and it depends on the employer .Just wondering How willing normally employers will be ?
    You cannot demand, it is up to them to decide. But you can certainly request.
    > Is there any restrictions on USCIS side for L2 to H1 status as COS? How far the rejection rate will be ?
    Your job should require a Bachelor's degree and you must have at least a 4 year Bachelor's degree. Your spouse must be maintaining L1 status and your I-94 must not have expired before Sep 30.
    See above.
    This is my opinion and not legal advice.

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