L2 to H1 trasfer

[dolphin123]

Hello,

I am on L2 EAD (valid till Jan 2013) and have been working from last 1+ year. Now my company is filing H1 (premium processing) for me in this month. If my H1 gets approved, I can start using that from Oct 2012.

1. Does that mean my current EAD can’t be used and I can’t work until Oct 2012?

Or

2. I can use my current EAD until Oct 2012 and then onward can use my approved H1.


Please help!

[shervin143]

Is the employer filing the H1B as a COS from L2? If yes, then the H1B approval will come with a new I-94. In that case, as of the H1B effective date (Oct 1st or later) your status will automatically change to H1B and until then you will remain to be in L2 and can contineu to work in L2 EAD (as long as L2 status and EAD remains valid until the H1B COS gets effective).

If the H1B is filed for consular process, then you will remain to be in L2. You can get into H1B status only if you leave the country and return back in H1B visa.

[dolphin123]

shervin143,

My existing employer in US filing my H1 as COS in this month.
My L2 is expiring in Mar 2013 and EAD in Jan 2013.

what will happen in my case?

[shervin143]

You can continue to work in L2 EAD until the H1B becomes effective. If the H1B petition doesn't get approved before the EAD expiry date, then you should stop working as of the EAD expiry date.

shervin143,

My existing employer in US filing my H1 as COS in this month.
My L2 is expiring in Mar 2013 and EAD in Jan 2013.

what will happen in my case?