I am working on L1B visa in US & My spouse is on H1b and now wants to move to L2

[kalappa]

I am currently working on L1B visa in US. My spouse is working on H1b visa and now wants to move to L2 and EAD for better job opportunities as she is not able to get it on H1b. however, my employer might start H1 process for me next year in April 2015.

1. Can she continue to work on EAD end date which she will get OR should she immediately change her status after i get H1b?

2. As she already have an H1b earlier, can she simply do an H1 transfer or need to start H1b process all over again?

3. When should she apply for H1b? Is it at October 1st onwards? Or right after my H1B approval? As my employer is same can I stay on L1 upto October 1st to help my spouse to work?


Thank you

 

[lisaanderson05]

I am currently working on L1B visa in US. My spouse is working on H1b visa and now wants to move to L2 and EAD for better job opportunities as she is not able to get it on H1b. however, my employer might start H1 process for me next year in April 2015.

1. Can she continue to work on EAD end date which she will get OR should she immediately change her status after i get H1b?

2. As she already have an H1b earlier, can she simply do an H1 transfer or need to start H1b process all over again?

3. When should she apply for H1b? Is it at October 1st onwards? Or right after my H1B approval? As my employer is same can I stay on L1 upto October 1st to help my spouse to work?


Thank you

1. The EAD she will receive is linked to her L-2 status and your L-1. If you are no longer in L-1 status, she can no longer be in L-2 status, and thus cannot work pursuant to the EAD. When you change to H-1B, she must either switch to H-4 or go back on H-1B.

2. No, she can do a change of status to H-1B. She does not have to go through cap again.

3. H-1B can start no earlier than October 1 2015. That means your L-1 will be valid until Sept 30 and on October 1, your H-1B will start (if it is selected in the lottery and it is approved). Your wife’s change of status to H-1B must be filed no later than Sept 30 to keep her in status. However, she cannot work until her H-1B is approved after Oct. 1.