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Immigration Issues/L2 - H1B and EAD Immigration Query

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Question

I am on L1B. I want to apply for H1B for my spouse who will be on L2 Visa.
Q1. If he gets his H1B sponsored by an employer and if it is approved, Will his L2 Visa still be valid?  
Q2.In this case if his L2 Visa becomes invalid when he gets his H1B approved,
 and later if his employer cancels his H1B or in any case if his H1 is cancelled, at that time if my L1B is valid, then can he apply for L2 again from with in USA or he has to go back to India to apply for this?
Q3. With L2 Visa, after getting his EAD approved, Can he work for any employer who is willing to sponsor H1B?

Answer
Hi,

L2 status with EAD allows for employment with no restrictions.

If your husband's H1B petition is approved and change of status granted to H1B, then he will automatically be in H1B status and will no longer be in L2 status, since USCIS allows for maintaining only one visa status at any one time. He can change status back from H1B to L2 status within the U.S. if his employer revokes the H1B petition, as long as the change of status application from H1B to L2 is filed prior to the revocation of the H1B petition.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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