Immigration Issues/H1B

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Question
Hi,
I’m L1B visa and my spouse is in L2-EAD and we both are currently working for 2 IT companies in NYC. Another company is applying H1B visas for both of us and it seems my visa applications is filed 45 days prior to my spouse’s application. So, my question is if my H1B application is approved first then (then I know my L1 will not be valid after that) my wife can continue her current job in L2-EAD? Or once my visa is approved she has to quit the current job stay “Not working” until she gets a decision on her H1B process?

Answer
Hi,

When the H1B petition is approved granting you change of status to H1B, then your spouse will no longer be in L2 status and thus must discontinue employment immediately upon approval of your H1B. However, she can remain legally in the U.S. and will be automatically in H1B status when her H1B petition is approved granting her change of status to H1B, which will then allow her to start working for the H1B employer.

Immigration Issues

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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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