L2 EAD to H1B


raman1983

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Hello,

 

I recently came to US in L2. I do have cap approved H1 petition which was filed this year while I was in India. I do not have H1 stamped in my passport yet. Could you please clarify on the below things

 

-Will I be able to start working on H1 post this October without going back to India and entering with H1 stamp.

 

-Is it possible to do H1 transfer while me being on L2 now with the current H1 approved petition. Will it auto change my status to H1 from L2 and can I work for my new employer with new H1 petition without exiting US.

 

Kindly help me with your guidance. Thanks in advance

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Hello,

 

I recently came to US in L2. I do have cap approved H1 petition which was filed this year while I was in India. I do not have H1 stamped in my passport yet. Could you please clarify on the below things

 

-Will I be able to start working on H1 post this October without going back to India and entering with H1 stamp.

 

-Is it possible to do H1 transfer while me being on L2 now with the current H1 approved petition. Will it auto change my status to H1 from L2 and can I work for my new employer with new H1 petition without exiting US.

 

Kindly help me with your guidance. Thanks in advance

As it was not filed as COS you need to exit and enter US on H1B visa.

Your employer has to apply for a COS but he/she has to pay again all H1B filing fees. I would doubt whether your employer would be willing to do so. And, if your employer in L2 and H1B are not the same and if your start date is Oct 1st 2013 you need to do PP. If your employer is same you can do normal processing.

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