L2(EAD) to H1B for few months

[chirag007]

Hi All,

 

My wife is on L2 (EAD validity Dec-2016) working for company A. 

3 years back we applied and got her H1B visa through another company B when I was on H1B and she was on H4 but she never used H1B.

 

Now her current company where she is working on L2 (EAD) is willing to renew her H1B visa (probably based on COS as we both are in US). We are ok with this as then there will be no dependency with my being in US to have her L2 visa active.

 

Question is:

If she switches from L2 (EAD) to H1B via COS in July-2015 and leaves USA to go to CANADA for 3 months leave from Jan-2016 to Mar-2016.

(1) Can she come back to US on earlier stamped L2 or she will have to get H1B stamped and then only enter US?

(2) If she enters US on earlier stamped L2, will her earlier approved EAD (validity Dec-2016) continue to be active and she can work in US?

(3) If she again wants to go back to H1B, will the company A have to file COS from L2 to H1B again? Is there any fee involved (how much)?

 

Thanks,

Ca

 

 

 

 

 

 

[jairichi]

1. If she wants to work on H1B status then she needs a valid H1B visa, I797 and other supporting documents to enter US.

2. No. She has to apply for EAD again.

3. Yes, employer has to file a COS from L2 to H1B and she cannot start working till that petition is approved. Fee is paid by employer and so it should not be of any interest to you.

[chirag007]

Thanks jairichi,

 

 

I have a followup question, please help with your inputs:

Because my wife is going to CANADA and her company is based out of India, I dont know if they will agree for stamping in Canada thats why I wanted to ask in worst case, can she enter US from Canada on L2 visa if her H1B is not stamped and later apply for COS from L2 to H1B once again.

I wanted to get an idea on COS fee because in above case the company will have to file COS again (once now and then later when my wife comes back from Canada).

 

Thanks!

 

[jairichi]

 

Thanks jairichi,

 

 

I have a followup question, please help with your inputs:

Because my wife is going to CANADA and her company is based out of India, I dont know if they will agree for stamping in Canada thats why I wanted to ask in worst case, can she enter US from Canada on L2 visa if her H1B is not stamped and later apply for COS from L2 to H1B once again.

I wanted to get an idea on COS fee because in above case the company will have to file COS again (once now and then later when my wife comes back from Canada).

 

Thanks!

 

 

She can approach an US consulate in Canada for H1B visa stamping. Her employer has no right to control about which US consulate she can approach for visa stamping. If her H1B visa is denied there is always a possibility that VO might cancel her L2 visa (a rare occurence). In that case she has to go to home country.

The fee for COS is same like a new H1B petition. You can get details in USCIS website.