Can we apply L2 EAD while waiting for H1 B result

[vineet_sn]

Hi,

 

1) I have got my L1 visa and will be travelling in March. My Wife company has filed her for H1B and if it gets approved she will be ready to work in US from Oct'15 onwards. Can My wife apply for L2 visa+EAD? 

 

2) Will it impact her H1B processing? We are out of US at this point of time?

 

3) She will be working for same company L2+EAD or H1B. So if rules allow then she will file L2+EAD and if she gets H1B then is it mandatory for her to switch to H1B from Oct'15 onwards or She can wait till L2+EAD period before stamping H1B?

 

Thanks,

Vineet

 

[jairichi]

1. Yes. She has to enter US on L2 and then apply for her EAD.

2. No.

3. As long as her H1B petition is approved as consular petition then she can work on L2-EAD and whenever she wants to move to H1B exit and enter US with a valid H1B visa and I797.