Gap between L2 EAD and H1B effective date

[arunuma]

Hi,

I am working in USA with L1B visa and my husband is joining me in a month with L2 visa. I am planning to apply for his EAD status so that he can start working in US. We are also planning to apply for his H1 visa once he reaches US.

My L1 visa is expiring by Aug 2012 and so my husband can work with EAD till August 2012. Even If he gets approved for H1, I came to know that it will be effective only from October 2012. In such a case, can he stay in US during the gap Aug 2012 - Oct 2012?

Kindly advice.

Thanks,

Uma

[livliv]

If your L1 extension, his L2 extension and EAD renewal is filed well in advance of Aug 2012, he will get an EAD well before H1 is filed. I will advise filing the above three applications in the same envelope in February (6 months before L1 I-94 expiry) in premium processing. Otherwise, he is allowed to stay in the US pending L2 extension during the gap but without EAD he is not allowed to work.

Also, if there are two status related applications pending (L2 extension and change of status to H1) at the same time, it can create status confusion depending on which application gets approved last.