Immigration Issues/H1B to L2

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Question
Hi,

I am on L1 visa and it is valid till 2013 May.
My husband came to US on L2 visa which is valid till May 2013.
He got his EAD and worked for few months on his EAD.
His employer sponsored his H1B and his H1B is active from Oct 2011.
He hasn't gone outside of US after H1B is active. So he didn't have his H1B stamped.

Now he is planning to change back from H1 to L2 so that he change his current job and work for a different employer.

Can you please answer below questions.

1. Can he change back to L2 visa from H1 B.
2. If he changes back to L2 will his previous EAD be still active and will he be able to work on his previous EAD?

3. Do I need to inform my employer about my husband's change of status to L2

4. Should my employer do any visa status chage processing for my husband.

5. Will my husband be able to change his visa status from H1B to L2 without even informing my employer. If yes,what is the procedure?

Answer
Hi,

If your husband was granted change of status to H1B effective Oct. 2011, he will be unable to change status to L2 unless he provides evidence that he is currently maintaining his H1B status. This is shown through recent pay stubs from the H1B employer. The application to change status to L2 will be signed by your husband and no employer needs to be informed about his filing the application to change status to L2.

Your husband is violating his H1B status if he is not currently employed by the H1B employer. If he is violating his H1B status, then he will need to depart the U.S. and enter the U.S. again showing his L2 visa stamp at the port-of-entry so that the latest action by the USCIS will be entry to the U.S. in L2 visa status. The previous EAD will not be valid; he will need to file a new EAD application.

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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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