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Immigration Issues/Reg EAD and H1 @ d same time

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Question
Hi I am on L1 visa working in Chicago, recently my husband got his L2 visa, he is planning to come here in March for a week,apply for EAD and go back to India.
my Questions are:
1. Can he apply for EAD and leave to India while EAD is in Process?
2. And at the same time a company is applying H1 visa in March. Is there any problem in applying EAD and H1 at a same time?
3. If H1 got approved by April can he still work with EAD?


pls clarify me..  

Answer
Hi Geetha,

Your husband does not have to be in the U.S. after the EAD application is filed.

A company can file an H-1B petition for him (even if his EAD application is pending or approved) at the beginning of April (he is probably subject to the visa cap, and an H-1B petition cannot be filed prior to April 01, 2008).

Your husband can work on EAD when it is approved. When his H-1B petition is approved, and he is granted change of status to H-1B, he will be working on H-1B status.

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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