Can work on L2 EAD when H1 b approved in June?

[pink123]

I am currently on L2 Ead and my employer will be filling my H1 in April.

I have a valid L2 EAD till Nov 2012.

If H1 b gets approved after my Employer files ,can I still work for the employer with L2 EAD as I have read that with H1 approved ,I cannot work before october even if it gets approved before.

What I am concerned is that will I be eligible to work till october in this case.

Thanks,

[livliv]

Yes, you can work as long as your EAD is valid up to Sep 30, your spouse is maintaining L1 status and your I-94 is valid up to Sep 30.

[Attorney_22]

Generally, if the H1B petition is filed as a change of status the EAD will become invalid when your status changes from L2 to H1B. If your petition is cap-subject then your start date cannot begin prior to October 1, 2012. Therefore, even if the petition is approved in June 2012 your status cannot change until at least October 1^st. If you have additional questions, please contact a qualified U.S. immigration attorney directly.

[pink123]

Thanks so much for the replies

I am actually confused with the two different replies.My EAD and L2 status both are valid till Nov 2012.

Whats a cap subject petition?.I am a full time employee working on L2 EAd for my organisation and now they are ready to file H1b for me.

I have heard of people with the same scenarion changing from L2 to h1b but still working before Oct with The EAD.

Are there any clauses to be able to work on valid L2 EAd before October when H1 b status applies.

Thanks,

[livliv]

There is no confusion here. Up to Sep 30 your status is L2 and you can use EAD to work for any employer.

After Oct 1 your status is H1B and your EAD invalid, so you can work only for the H1 petitioner using H1B work authorization.

[pink123]

Thanks for the reply.

Can I travel to India after I apply for H1.Suppose my Employer Filed H1 for me in April and I am planning a trip

to India from second week of May till whole May.

Will this affect my Visa processing?

In this case is it better to file after I come back back?

[livliv]

It is not advisable to travel when change of status is pending or approved for a future date. It may be better to apply as consular processing in that case. Consult with an experienecd attorney to better understand your options.

[pink123]

Thanks for the reply.Will be it better ,if I apply in June once I am back

[livliv]

The cap may not remain open in June. I personally think because of improving economy and wave of L1 denials, many companies will file H1's this year. Consular processing or avoiding travel altogether is better.

[pink123]

Thanks for the reply.If I apply for H1 on April 1st and it gets approved by June say.

Can I travel to India after June?Or is it that I cannot travel before October because of State Change .

Thanks

[livliv]

Thanks for the reply.If I apply for H1 on April 1st and it gets approved by June say.

Can I travel to India after June?Or is it that I cannot travel before October because of State Change .

Thanks

If you do travel in such a case, plan the dates in such a way that you can apply for H1 Visa using the approved petition and return after Oct 1.

[pink123]

Thanks If I want to Travel in July once H1 petition is approved,will it cause any issues.

I still have my state as L2 till October 1st .On return to US my state will continue to be L2.

I havent been home from a while so I was wanting to go Early in July.

[livliv]

Please read my replies again.

If you travel in July and return in L2 status and your change of status H1 is also approved, there is confusion regarding which status is valid. Since both statuses (statii? :-) ) allow you to work, you should be fine and as long as your spouse maintains L1 status you will not be in any problem until either L2 or H1 status expires. But you will need to travel once again before any one of those statuses expires.