**** Very Urgent *** L-2 EAD, husband moving to H1B, what other options?

[ivn490]

I have a very strange situation here. My wife is on a L-2 EAD and she recently got a offer from a US company. Btw, she works in Europe so is visiting here for sometime only.

My L1B expires in mid September so does her EAD. Later I will be moving to H1B. But for mid of Sep to 1 Oct, my company may have to apply for a L1B extension too. So can I hold both the approved petitions (L1B and H1B) at the same time. Bring my wife over here on L2 again and get her EAD extended. Next year, whenever I travel out of US, I will want to get my H1B stamped instead of my L1B.

I am not sure legally how this works, is there any work around anyone could suggest based on their experiences? That would really help. I want my wife to resign and move here but the visa issues with US are never ending.

[raghvi]

I have a very strange situation here. My wife is on a L-2 EAD and she recently got a offer from a US company. Btw, she works in Europe so is visiting here for sometime only.

My L1B expires in mid September so does her EAD. Later I will be moving to H1B. But for mid of Sep to 1 Oct, my company may have to apply for a L1B extension too. So can I hold both the approved petitions (L1B and H1B) at the same time. Bring my wife over here on L2 again and get her EAD extended. Next year, whenever I travel out of US, I will want to get my H1B stamped instead of my L1B.

I am not sure legally how this works, is there any work around anyone could suggest based on their experiences? That would really help. I want my wife to resign and move here but the visa issues with US are never ending.

If your L1 expires Mid September and H1 gets activated from 01Oct 2012, what will be your status in the intermediate period? If you apply for L1 extension, to avoid traveling outside, and the extension gets approved after 01Oct 2012 then you would be on L1 and not H1. If the extension doesnt get approved then you would be out of status from the date your L1 I-94 expires to the time your H1 I-94 becomes valid, such things give rise to all sort of confusions later on due to the last action rule.

If you want to be on H1 leave US before your L1 expires, get H1 stamped and return on H1.

If you want to be on L1 either your L1 extension would have to be approved or you should travel out of US and return on a new approved L1 petition. USCIS allows one to file extension up to 6 Months in advance. Apply for L1 extension in premium so that you get a response within 15 days to be able to decide whether you can continue on L1 or not, dont wait till last minute.

If your spouse never had an H1 previously , she cannot get an H1 this year and would be able to work on H1 only from Oct 2013 as H1 Cap for this year is over.

Without a visa of her own, your spouse's status in US will depend on your status. If you are H1 she can be on H4 but cannot work. If you are on L1 she can be on L2-EAD and work, but her extension of L2-EAD will depend upon your L1 extension approval as described above. Again, advisable to apply for L1 extension in premium to get a decision soon.

This is my opinion, not legal advice. My understanding may be limited hence advisable to consult experts too.