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Rathina

L2 to H1 conversion during my L2 EAD renewal period

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Hello sir

Few weeks back we got stamping and renewed our L1 and L2 for 3 years also hold i140 approved, Currently iam working & my L2 EAD is going to expiry coming April'4th, Now already applied L2 EAD renewal and expecting to get it in 90days, Once my L2 EAD approved, There is some necessity  my L1  visa holder plan to back india  for 6 months/more for medical treatment purpose. Since my visa L2 is dependent i believe that i  can't continue my work if L1 holder is not available in US for long.

Is there any possibility to apply (COS) my conversion L2 to H1(independent visa) during my renewal time of L2 EAD this April' 2019 ?

OR 

Do i need to wait util i get valid EAD renewed and till next year April'2020 1st week for  H1b applying period like normal lottery based process?

Can you please help and clarify my queries.

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A bit too late. But it was possible for a suitable company to file a H1 petition cap subject, for you but with a start from October. Hence the idea does not work for you.

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Thank you for response.

So when should i ask my employer to file H1 (COS from L2) in case if my L1 Visa holder stays in US ? 

Also i have one more question, As i mentioned my L1 holder plan for medical leave for long (>6 months), in case if medical treatment in US with with loss of pay/ No payroll for 6 months, Can i continue my job with L2, if so how long please ?

 

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2 hours ago, Rathina said:

So when should i ask my employer to file H1 (COS from L2) in case if my L1 Visa holder stays in US ? 

Your potential H1 sponsor can file a H1 petition for you on April,1 and the start date will be October, 1 and you may have him apply with COS from L2 assuming your L2 will remain valid till 30 days before October,1. Realistically he could file on April,1 and if approved, you can leave and return up to 30 days before start.

Unless he has a health problem only treatable here as opposed to India, this will not fly. Moreover it would be a very long shot for a company to let him stay without pay and pay for his medical costs.

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Thank you for the details about medical treatment challenges in US for my spouse as being L1 holder.

Still one question about your comment L2 EAD, As i mentioned Currently my L2 EAD is going to expiry on coming Apirl'4th, i already(1 month back) applied for the EAD renewal as soon as we got extension recently, expecting get it on June'19, it's in progress, Can i ask my employer to file H1 COS under expiring EAD on this April'1st, Will there be any Risk/RFE/disapprove if there is any gap in EAD validity during my Visa conversion process. OR is it better to try this conversion on next Apirl'2020. Please advise.

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