L2 EAD and just got my H1B petition approved


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Hi All,

I am on L2 EAD and just got my H1B petition approved, I have few clarification questions:

  1. I am working with the client through vendor A with my L2 EAD and while on job Vendor B comes in and applies my H1B petition and takes me in his payroll in W2 and pays me the salary. Now my question is, my project is getting over this month and I don’t have a job in hand. Will this be a problem? Can I continue to stay in L2 EAD till I get a new job to pursue with the new H1B petition.

  1. Can I continue in a new job (short term project) with the existing EAD till it get expires(expiring in 3 months) and then take a new job with my H1B petition. I have been working with my employer with my EAD in their W2 and now can I work independently till I get a new job through them for the H1B petition filed through them?

Your suggestions and response will help a lot.

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If your H1 is approved with change of status, (with a new I-94 at the bottom of approval notice), your L2 status and EAD are over. You have a job with the H1 petitioner. Irrespective of whether they have a project for you or not, they have to pay you as per the LCA. If they can't pay you on bench, you should move back to L2 status. You will have to either apply for change of status using I-539 or leave the US and return with an L2 Visa. This assumes your spouse is maintaining L1 status. After your status is changed, you can use the same EAD to work and you don't have to work to maintain status.

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