L2 EAD to H1 Cap exempt

[rajeshkumarr007]

Hi

Thanks in advance for reading this and responses.

I was working on L2 EAD with company A for last 2 years. Now my EAD expired ,mean time my H1 from company B got approved and got the I-797A .My payroll exeuction in Company B is not yet started.

Could you please let me know whether Company A can do L2 to H1 COS or H to H transfer using approval notice of Company B so that H1 processing is CAP exempted.

Would like to know , whether i can join Company B if any issue in Company A H1 processing.

Please advise.

Thanks

[pontevecchio]

Cap exemption is obvious. Are you in status now? If not A can file a H1 and you can leave and come back with the visa after approval.

[rajeshkumarr007]

Thanks a lot pontevecchio,

I am in L2 which is valid till Jan 2013. Company B not yet started my payrol. How long it is legal to be there without h1 Paystubs. Without paystubs, will my H1 get invalidated automaticaly? I mean before my L2 date of Jan 2013.

Thanks in advance.

[pontevecchio]

Once the H1 petition with COS is approved it would be not legal to work for the L1 company. You could claim 60 days to report. But you cannot work for the L1 company anymore if the H1 with COS is approved. You can have A file your H1 petition in PP and you can leave and come back with the visa.