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Urgent! - L1 to L2+EAD advice needed

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  • Urgent! - L1 to L2+EAD advice needed

    Hi,

    I need your advice reagarding my situation. I am currently on L1 visa till june end 2012 and my employer is doubtful of filing L1 extension.

    My wife is also on L1 from same employer and her L1 is Valid till Jan 2013. Since my employer may or may not file an extension for my L1 visa, I would like to file an L2+EAD together by myself to be in safe situation that atleast I will have EAD to be in US whether working for my current employer or any other employer.

    As the H1B quota is open and available I am also thinking of applying for new H1B visa thru some employer.

    I need to know :

    1) Should I tell my current employer to NOT to file L1 extension as I am applying for L2+EAD?

    2) Can both L1 extentsion & L2+EAD be applied at same time frame that is May 2012.? Any issues in simultaneous application for 2 different status?

    3 ) Is there any issue if all the 3 visa appliation goes in same time frame MAY 2012 & June 2012(for H1b) ?

    4) Does new H1B application can be made based on my current L1 status before June or I need to wait for L2 ( or L1 extension) status before my H1B application can be filed?

    5) can I continue working after I-94 expiry with my current employer if the L1 extension is filed & in processing and I have NOT received L2 approval notice till then?

    Any suggestion for best possible way to do it ?
    My whole intention is to stay in US and work for current or any other employer.

    Please suggest.
    Please reply ASAP.

  • #2
    Any Suggestions?
    Please reply ASAP

    Comment


    • #3
      1) Should I tell my current employer to NOT to file L1 extension as I am applying for L2+EAD?
      >>> Yes, you can do that. That will avoid multiple petitions for different status filed at the same time.

      2) Can both L1 extentsion & L2+EAD be applied at same time frame that is May 2012.? Any issues in simultaneous application for 2 different status?
      >>> It can be legally filed. But your status will change as per the last petition that gets effective. Search and read about the last action rule. If the L1 gets effective last, then you cannot work for any other employer. If L2 becomes effective last and if EAD is denied, then you cannot work for any employer.

      3 ) Is there any issue if all the 3 visa appliation goes in same time frame MAY 2012 & June 2012(for H1b) ?
      >>> You may end up in status confusion issues. Like I mentioned, search and read about the last action rule. H1B cannot be filed without filing L1 extension or L2 to fill the CAP until Oct 1st.

      4) Does new H1B application can be made based on my current L1 status before June or I need to wait for L2 ( or L1 extension) status before my H1B application can be filed?
      >>> H1B if filed without a L1 extension or L2 COS will end up getting approved for consular process. Only if the H1B is filed based on a approved or pending L1 extension or L2 COS it will get approved with a new I-94.

      5) can I continue working after I-94 expiry with my current employer if the L1 extension is filed & in processing and I have NOT received L2 approval notice till then?
      >>> Yes.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment

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