L1 to H1 conversion, will L2 EAD be active after COS?

[v10dulkar]

Hi - Am currently in US on L1B with employer A and my spouse is on L2 EAD and is working. 

 

I applied for a H1 with employer B and it has been approved. 

 

My current L1B has expired and me & my spouse are staying on I94, my wife's EAD is valid till sep 2016. 

 

I have the following questions, 

 

1. Is it mandatory for me join Employer B, effective Oct 1st?

2. Can i transfer my H1B before Oct 1st 2014 to Employer C?

3. Can i continue to stay with my current employer on L1B which will allow my wife to work till i move to a Employer B?

4. Is it required to apply for H4 for my wife when my visa changes to H1 or can we wait until i return back to home country?

5. Can my wife continue to work and stay in US without applying for H4, since her EAD has already been approved till 2016?

 

Thanks

[jairichi]

1. If approved as COS you have 60 days to report to employer B and you should stop working for L1 employer from 1st Oct. If not approved as COS you can continue working for L1 employer. If approved as COS but you still like to work for L1 employer then you have to exit and enter US with a L1 visa and I797 on Oct 1st 2014. Also, it depends on what you signed in your contract with employer B as you might be liable for damages if it is stated on your contract and you do not join employer B.

2. Yes.

3. Refer 1.

4. If your H1B kicks in from 1st Oct and you have not filed a COS to H4 for your wife then she will be out of status.

5. If you move to H1B she has to move to H4 as her status is dependent on yours.

[pierce34]

Hi guys,

 

Jairichi, could you please clarify item N5 in a bit more details:

So if wife already has EAD and then she will change visa on H4.

What will happen with EAD: will it stay active and actual or not?

Is EAD linked with L2 in her case?

 

Thank you.

[jairichi]

Hi guys,

 

Jairichi, could you please clarify item N5 in a bit more details:

So if wife already has EAD and then she will change visa on H4.

What will happen with EAD: will it stay active and actual or not?

Is EAD linked with L2 in her case?

 

Thank you.

Yes, EAD is linked to L2. On H4 she cannot work as there is no EAD on H4.

[JoeF]

Hi guys,

 

Jairichi, could you please clarify item N5 in a bit more details:

So if wife already has EAD and then she will change visa on H4.

What will happen with EAD: will it stay active and actual or not?

Is EAD linked with L2 in her case?

 

Thank you.

 

The EAD becomes invalid as soon as you are no longer in L1 status. At that time, the L2 becomes invalid, and with it, the EAD.

[pierce34]

JoeF, Jairichi,

 

Oh, that's not too good news, but anyway - thank you guys for your answers!