H1B to L2/EAD Query

[TestUserabc]

Hi, I am working with my valid H1B while my spouse is employed through his L1B.

His employer has filed GC application for him and recently we recieved our EAD cards, but GC case status is not known yet.

I am being offered another employment but the new organisation is not willing for H1B transfer. Instead they would employ me based on the EAD.

In this case, I have the following questions, please help me understand -

1.

I would have to let go of my H1B visa, and probably be my spouse’s dependant that is L2, to use the EAD ?

2.

what are my risks in moving to EAD ? Is it worth giving up H1 ?

3.

do I need to apply first for change of status to L2 ?

4.

what happens to my employment if the GC case gets rejected ?

5.

How soon will I have to change my status from H1 to L2, is there any grace period ?

and from when can my EAD based employment start ?

 

Thankyou for your time !

[pontevecchio]

1. No. The EAD is based on a pending concurrent I-140/AOS and is not related to L1 or L2.

2. A GC is permanent. A H1 is temporary. 

3. This EAD is based on a pending I-140/AOS.

4. Your H1 job remains.

5. You are not changing status to L2.

[TestUserabc]

Thank you for your response.

please confirm-

Will my h1B still remain valid, even if new employer does not sponsors it ? can it be re-used later ?

also, if my spouse's GC application gets denied and EAD is no more valid, on what visa status will I have to change to be permitted to stay and work ?

[pontevecchio]

One is allowed a total of 6 years in H1 status. So you can claim the remainder anytime.

Why would his application get denied?