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Immigration Issues/L2 EAD to H1B conversion

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Question
Hi, I am currently in USA working on L2 EAD.I joined the job directly from the US.My employer has agreed to file for my H1 to remove my dependency on the L1. Can you please provide me your inputs on the following:-
1) Should I go to India to file for my H1.Can't this be done from US itself. Please note this is the first time H1 is being filed for me.
2) Should H1 be filed with COS. Is it required as I am filing H1 for the first time.
3) If H1 gets rejected can i continue working on my L2 EAD if my husband is still on L1.
A reply would be greatly appreciated. Thanks in advance.
S.C.

Answer
Hi,

The H1B petition can be filed requesting change of status. Assuming that your L2 status is valid at least until September 30, 2012, the H1B petition is approvable and you will be granted change of status as well automatically effective Oct. 01, 2012. (Due to H1B visa cap issues, the earliest employment start date will be Oct. 01, 2012).

If H1B petition is denied for any reason, you will continue to maintain your underlying L2 nonimmigrant visa status.

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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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