L2-EAD to H1B

[sri86]

Hi All,

I am on L2-EAD and my company applied for my H1 with premium processing and I recieved my H1B Reciept on Oct 30.

Later I have got a query for educational evaluation. I have submitted all reqired documents 3 weeks back but it is not done so far.

Can any one tell How long would it usually take for educational evaluation.

And My husband also applied for H1 , if he gets it approved before mine . Can I continue working even if I loose my L2 Status as I already got a reciept for my H1?

Thanks in Advance

[my2239]

If your husbands L1 to H1 change of status and extension of status is approved before yours, it implies that you are instantly out of L2 status (The EAD will also be instantly invalid)

The fact that you have an H1 application pending may help you in the sense that you could continue to stay while it is being adjudicated

Remember however that if by any chance, your H1 application is rejected, you would have started your illegal presence from the day your husbands H1 was approved

A better approach for you should have been:

File your husbands H1 application along with your I 539 for change of status to H4 based on approval of his H1

(May think this is not possible but my company did it successfully for me (Of course it was my H1 extension, my wife's I 539 in that case, but that should not matter and the bottom line, it can be done)

Once your I 539 (applied as above) was approved, you could have applied for a fresh H1 on your name and if approved you would be on H1, if not you have the back up status of H4

This way you would have avoided the risk

Your lawyer should have advised you on this matter

Anyway, what is over is over.

Just hope for now that your H1 application is approved before your husbands and remember not to Use your EAD for even 1 second after either your H1 is approved or your husbands H1 is approved

It would be a good idea to resign from a company where you may be using your EAD (if applicable) in advance so that you do not risk anything

Of course my advice is based entirely on a (Don't take any risk ) stance

All the best

Also, just in case there is any problem with your application, you may be eligible for a non pro tunc case

Ask your lawyer if you are eligible and do not try doing it on your own as it is very complicated

[sri86]

If your husbands L1 to H1 change of status and extension of status is approved before yours, it implies that you are instantly out of L2 status (The EAD will also be instantly invalid) The fact that you have an H1 application pending may help you in the sense that you could continue to stay while it is being adjudicated Remember however that if by any chance, your H1 application is rejected, you would have started your illegal presence from the day your husbands H1 was approved A better approach for you should have been: File your husbands H1 application along with your I 539 for change of status to H4 based on approval of his H1 (May think this is not possible but my company did it successfully for me (Of course it was my H1 extension, my wife's I 539 in that case, but that should not matter and the bottom line, it can be done) Once your I 539 (applied as above) was approved, you could have applied for a fresh H1 on your name and if approved you would be on H1, if not you have the back up status of H4 This way you would have avoided the risk Your lawyer should have advised you on this matter Anyway, what is over is over. Just hope for now that your H1 application is approved before your husbands and remember not to Use your EAD for even 1 second after either your H1 is approved or your husbands H1 is approved It would be a good idea to resign from a company where you may be using your EAD (if applicable) in advance so that you do not risk anything Of course my advice is based entirely on a (Don't take any risk ) stance All the best Also, just in case there is any problem with your application, you may be eligible for a non pro tunc case Ask your lawyer if you are eligible and do not try doing it on your own as it is very complicated

Thank you very much for your response, also can some one tell How long would an educational evaluation take?