L2 (EAD) or H1-B visa ?

[juj]

Hi All…I need urgent help….my employer has filed H1-B visa for me, the petition is due for its approval in a month or so….meanwhile my husband’s employer has filed L1-B visa for him and have asked him to travel to US, that too might be in a month or so…please help me find solution to my problem-

1. Should I wait for my H1-B visa to get approved and then travel? or
   
2. Should I file for L2 visa (dependant) along with my husband and go with him?
   

If I go on L2, I would be able to work only after I get EAD, meanwhile can my employer continue with my H1 processing? Can I hold L2 as well as H1 at the same time?

Please suggest what is the best solution possible…..thanks a ton in advance...

[Attorney_23]

A foreign national may not ordinarilly hold more than one nonimmigrant status at the same time. If the foreign national spouse of an L1 enters in L2 status, he/she may ordinarilly apply for an EAD and begin working once it is issued. If the person later is changed to H1B status, the EAD generally becomes void and th foreign national would then need to commence employment with the H1B petitioner.

[juj]

Thanks Attorney_23 for your reply....

As i understand, if i go on L2 i can work after EAD is issued.

But getting an EAD will take around 2-3 months, am i eligible to work during this period,untill i get my EAD?

[Attorney_23]

Ordinarilly, you are not eligible to work in L2 status until you receive your EAD. The Social Security Administration released a memo indicating that a person in L2 status can work without an EAD, however USCIS does not accept this opinion. It is currently an undecided area in the law, and we generally recommend clients not work until they recieve the EAD so as to avoid potential future problems.

[juj]

Thanks Attorney_23 for your advice...

Few more doubts which arises are:

1. Since my H1 B visa petition is already filed and while filing i had stated that i have not filed and neither i own any other US visas. Now if i go ahead and apply for L2 dependant visa, will that make my current H1-B visa petition (not yet approved), void/invalid?
   
2. Do i need to withdraw H1 B petition, before i file for L2 visa?
   
3. If i let the H1 B process continue, will it create any issue in getting my L2 visa approved?
   
4. And once i get my L2 visa stamped, and after that,my H1 B approval also comes, can i go ahead for H1 B stamping, what will be the possible consequences?
   

Looking forward for your advise....Thanks a ton in advance.