L2 EAD to H1B, H1B in RFE & EAD is expiring

[mahemanin]

Hi,

 

I'm currently on L2-EAD and H1B Cap (Change of Status) has been filed, however

L2-EAD is expiring on 19th Sep 2013 and my H1B in RFE status. Valid L2 visa till April 2014

 

Questions

 

1. Can I apply for my EAD extension when my H1B COS is already filed ?

 

2. My employer is ready to push the RFE into Premium Processing , even if my H1B approved and start is 1st Oct 2013, Can I continue working from Sept 20th to Sept 30th without getting my EAD extension approval ?

 

3. If i'm not eligible to work, can I take leave for those 10 days and join back to office on 1st Oct ? If not, should I resign the Job and the employer have to Re-Hire me back ?

 

Please advise..

 

Thanks in advance ..

[pontevecchio]

When does your L2 I94 expire?

[jairichi]

Hi,

 

I'm currently on L2-EAD and H1B Cap (Change of Status) has been filed, however

L2-EAD is expiring on 19th Sep 2013 and my H1B in RFE status. Valid L2 visa till April 2014

 

Questions

 

1. Can I apply for my EAD extension when my H1B COS is already filed ?

 

2. My employer is ready to push the RFE into Premium Processing , even if my H1B approved and start is 1st Oct 2013, Can I continue working from Sept 20th to Sept 30th without getting my EAD extension approval ?

 

3. If i'm not eligible to work, can I take leave for those 10 days and join back to office on 1st Oct ? If not, should I resign the Job and the employer have to Re-Hire me back ?

 

Please advise..

 

Thanks in advance ..

(2) You can not work after your last date on EAD.

 

(3) You will be out of status from 19th Sept to Oct 1st if your COS to H1B is approved before 19th Sept 2013.

[mahemanin]

Hi pontevecchio

 

 

My L2 I94 is expiring on 4th Oct 2014 ..

 

Hi jairichi

 

 

When you say

 

(3) You will be out of status from 19th Sept to Oct 1st if your COS to H1B is approved before 19th Sept 2013.

 

Do I need to resign my job and re-join on 1st Oct , out of Payroll for these days or I can be in the employer system without Pay .. 

 

 

Thanks

 

[pontevecchio]

aRE THE l1 SPONSOR AND THE h1 SPONSOR THE SAME?

[jairichi]

Hi pontevecchio

 

 

My L2 I94 is expiring on 4th Oct 2014 ..

 

Hi jairichi

 

 

When you say

 

(3) You will be out of status from 19th Sept to Oct 1st if your COS to H1B is approved before 19th Sept 2013.

 

Do I need to resign my job and re-join on 1st Oct , out of Payroll for these days or I can be in the employer system without Pay .. 

 

 

Thanks

I am sorry. If your I94 is valid till 4th Oct 2014 I believe you should be fine to work till Sept 30th 2013 on L2 EAD and move to H1B on Oct 1st 2013. But, I am a little bit doubtful as I am not sure whether your I94 is tied to your L2 (legal stay in US) or EAD (work). Wait for other members to give you their inputs.

[mahemanin]

No.. . L1 & H1 sponsor's are different .... I work for a different employer who filed H1B COS from L2

[pontevecchio]

You are legal to stay till the H1 with COS is approved. As regards the days after your L2 EAD expires ideally you should stay off work. Don't they have any notice period?

[mahemanin]

Notice period is 2 weeks ...  Can I be in Payroll by taking leave or should I leave the organization ?

 

Do I need to consult with any Immigration lawyers  to clarify on this ?

 

 

I have a other question

 

Was thinking of applying for the EAD extension, however I read that applying for EAD extension will deny H1B COS ?

[mahemanin]

Hi pontevecchio

 

Any update ?

 

Thanks in advance ..

 

 

[pontevecchio]

You should stop working when the EAD expires. You should have extended it 3 months back. In any case apply for the EAD. Stop working implies you are not on the payroll. Convert your H1 to PP. If approved give notice in the first week of September.

[mahemanin]

Thanks pontevecchio .. My employer agreed to convert my H1 to PP ..