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L2 EAD to H1B

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  • L2 EAD to H1B

    I am currently on L2 EAD which is valid till Nov 2012 and my L2 visa is valid till Dec 2012. I have applied for H1B this year and still in the status of "Initial review".
    Please suggest :

    1. Should I move to premium mode, is there any chance of rejection or RFE? I have heard about it but not sure...as I understand moving to premium mode will only make it faster to get the decision by 15 days and should not be the case of rejection or RFE!
    2. My husband has also filed H1B through his employer, so the moment his approval comes, would my L2 status be void?
    3. I have not yet applied for H4 as I am waiting for my H1B result but if my husband's H1b approval comes before me, would I be able to stay in US with my interim status "filed H1B" ? Also, would I be able to continue with my job as my L2 EAD is valid till Nov 2012?

    Please advise as its such a critical phase and I dont have enough experience on these issues!

    Thanks a lot!

  • #2
    1. Yes, premium will help you to know the decision on h1 sooner, in 15 days. It is advisable to do that in your case.
    2. I assume that your husband's case is a COS from L1 to H1, on which the earliest effective date will be Oct 1. Your L2 will become void on your husbands H1 effective date in the approval notice, it won't be a date prior to Oct 1 (if his H1 was subject to 2013 cap.)
    3. If your H1 is still pending and your husbands H1 become effective (on or after Oct 1), then you will be out of status, if H4 is not applied. You can continue to work on L2 EAD, only when your husband is on L1. The moment he changes to H1, your L2 and EAD becomes void. So, its better to change your H1 to premium, so that you will know the results of H1 and then apply for H4 as needed before you go out of status.