L2 to H1


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I am currently residing in USA in L2 visa (dependent of my husband who is in L1B) from Jun 2017. And, I had an L2 EAD and was working for a company A for the client B until Oct 2020. My L2 and EAD has expired on Dec 2020 and currently waiting for the extension results. My L2 and EAD is already applied for an extension in Jul 2020 along with my husband’s L1. My husband’s L1 extension has approved and valid until May 2021 which is a maximum duration of L1B(5 Years) . However, we(Me and Child) are still waiting for L2 dependents results .

Now, my earlier Client B is planning to sponsor a H1 for me during this fiscal year 2021 to work directly for them which interns leads to below questions. I greatly appreciate your suggestions on these.

1.       Can Client B sponsor for my H1 since currently I am in L2 status extension process and still waiting for the results along with EAD results.

2.       This H1 process will have any impacts on my existing L2 extension process and EAD?

3.       Should Client B apply as “Change of Status(COS)” to avoid going out of USA for H1 stamping. Please advise for the better process if any. If COS, still I need to go through lottery and picked up like H1 consular process.

4.        What if my L2 and L2 EAD has approved in couple of months from now(Jan-Mar 2021)? Can I join Client B with my new L2 EAD and continue working until my H1 case results.

5.       Later incase my H1 is also approved, will my stay in USA with L2 will be considered or will I get a new cap of 6 years for H1. Then, how I need to switch my L2 to H1 to continue working for client B.

6.       My husband’s employer is also planning to apply for his change of status from L1 to H1 this year 2021 to avail additional 1 year. In this case, can we both include dependents in each other’s H1 application including child? If not, how big is the process later to add dependents for H1 based on our approvals.


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