L2 to H1 B

[cg841230]

Hi,
I am L2 status working on EAD and my spouse is on L1. If my spouse H1B is approved during June/July 2012, Can I still work until Oct1st and then move to H1B?

Thanks for any advise!

[shervin143]

You need to give more information when you ask question so that someone in the forum can help you with the correct information. From your question, it looks like your spouse who is currently in L1 has filed a COS to H1B under a new CAP. Has the H1B petition currently approved or pending. Have you also filed a COS from L2 to H1B under a new CAP? If yes, has the petition approved or pending? Is your spouse's L1 valid until end of September? Do you have a valid L2 I-94 and EAD until end of September?

Hi,
I am L2 status working on EAD and my spouse is on L1. If my spouse H1B is approved during June/July 2012, Can I still work until Oct1st and then move to H1B?

Thanks for any advise!

[cg841230]

L2 to H1B

Thanks for the response. Sorry for less information.

Here are more details about my situation:

My spouse and me has a valid L1/L2 respectively till end of 2012.
Am currently working on L2- EAD. My employer applied H1B with COS (L2-H1B) and is pending as of now.
My Spouse did not apply for H1 B yet. The question here is if my spouse apply for H1B and if it is approved sometime June 2012, Will that effect me immediately or can I continue working until OCT 1st 2012?

Thanks for any advise.

[shervin143]

Will your spouse apply for H1B under a new CAP or using a CAP from a previously approved H1B petition? Is this the very first time your spouse is filing a H1B petition?

[cg841230]

L2 to H1B

My Spouse is applying for the very first time under General Cap 2013.

[shervin143]

Well, in that case you both will remain to be in L1/L2 status until the end of September and you can continue to work in L2 EAD. Even if H1B gets approved immediately, the status will not change to H1B until Oct 1st or later (the effective date will be mentioned in the approval notice).

[cg841230]

L2 to H1B

Thanks a lot for your advise.