Immigration Issues/L2 to H1B visa

Advertisement


Question
I am on L2 spouse visa. I came to US on oct 7 2010 and my EAD was filed on oct 28. My husband's L1 visa is getting expired on May 2011 and is getting renewed as H1 B visa. My questions are:
1. Since my husband's status is changing to H1 B on May 2011 will my status change to H4 then? Will my EAD become invalid on May 2011?
2. Before I get my EAD can I ask for H1 B sponsorhip?
3. Can I work on L2 EAD and then ask for H1 B sponsorship when my status becomes H4. Can H4 visa holders apply for H1 immediately?  

Answer
Hi,

You will no longer hold L2 status, and your EAD will be invalid, when your spouse's H1B petition is approved granting him change of status to H1B. Your H4 application should be filed concurrently with the H1B petition of your spouse. Thus, when your husband's H1B petition is approved, your H4 will be approved at the same time as well.

An H1B petition can be filed for you anytime, prior to the visa cap being reached. An H1B petition can be filed whether you are in L2 or H4 status, or any other nonimmigrant visa status.

You can contact our law firm at 212-268-3580 during business hours for guidance, or email info@h1b1.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.