L to H Conversion how does it impact L2 EAD

[joshuaraj]

Hi, 

I currently hold L1 B and my husband is on L2 EAD which is valid until Oct 2017.
My employer is planning to convert my visa from L to H which means
my husbands status will also change to H4. My employer will file the H4 for my spouse and EAD will be filed by me.
1. My question is can my husband work while we wait for the EAD approval?
2. If I convert my L1B to L1A will he be able to continue his work without any issues?

L1 B Valid Until - Mar 2018
L2 Valid Until - Mar 2018
L2 EAD Valid Until - Oct 2017

Also note that I have I-140 approved under EB2 with Mar 2011 PD.

What is the best option for me to be able to use I-140 beyond my L1B validity without disturbing my spouse job.

Thanks in advance for your valuable advice.

[JoeF]

As soon as you are in H1 status the L2 and it's EAD become invalid, and your spouse has to stop working. He can only start working again once the H4 EAD is approved. There will be a gap where he can't work. No way around that.

[pontevecchio]

1. No

2. Yes

[vincentanand]

I believe the best option is to change your status to H1, so that with your I140, it can extended beyond 6 years of maxout. Also you can get H4-EAD for spouse. Even though there is a duration gap in getting H4-EAD from L2-EAD, there is long term benefit by converting to H1. This will also open you doors to work for any employer!

I140 will have no impact on your L1B extension. Converting to L1 is only a short term benefit, just extending a year stay. If you are selected in H1B lottery, that means a lot that as so many people apply for h1, but not selected. So my advise will be to change to H1.