L2 EAD to H4 EAD

[amit_123]

Here is the situation I am in:

 

I am currently on L1B and my wife on L2 and she has an EAD and is presently employed. I will be switching to H1B in Feb 2015 ( 5 years) at which point her current EAD will become invalid and she won't be able to work.

 

Assuming that the ongoing H4 spouse work authorization becomes a law by end of this year, I am trying to formulate the best strategy such that she has to take a smallest possible break (or no break if possible) when switching from L2 based EAD to an H4 based EAD. I am expecting to have my I140 by end the of this year as well. 

 

To that end, here are some of the questions coming to my mind:

 

1) Can she apply for an H4 based EAD card lets say in Jan 2015, even before we actually shift to H1 & H4 respectively (which we will do in Feb 2015).

 

2) If not, can she apply for an EAD card in Feb 2015 after getting an H4 stamping, but while still in India. If a break is needed between the two EADs, then might as well use that time to stay back home if possible.

 

3) Any other tip or advice given our situation?

 

Thanks in advance for the replies.

[jairichi]

Nothing positive with respect to H4 EAD. Let it become a law and then we can discuss. It is not good to plan life based on speculations.

[amit_123]

Its not a speculation anymore, is it? The lawmaking process is on-going and is in an advance stage. There is a good chance that the law will be enacted by the end of this year. IMO, it would be careless to not factor that when making short term life based decisions.

 

The questions I asked above are in the context of H4 EAD, but are also applicable to any scenario where switching from one type of EAD to another type is required.

[jairichi]

Its not a speculation anymore, is it? The lawmaking process is on-going and is in an advance stage. There is a good chance that the law will be enacted by the end of this year. IMO, it would be careless to not factor that when making short term life based decisions.

 

The questions I asked above are in the context of H4 EAD, but are also applicable to any scenario where switching from one type of EAD to another type is required.

It is still a speculation till it becomes a law.