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Immigration Issues/L2 Visa to H1 B Transfer

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Question
Hi Ajay,

I am on L2 Visa EAD since August 2010 and working for a Company A through an Employer E. My Husband's and my I 94 is expiring on February 2013.Initially My Husband's company said they won't extend his L1. So I asked my Employer E to file my H1b. Now My Husband's company has agreed to extend his Visa and My H1b is filed by my Employer.

So my Question is :

1. Once my H1b gets approved, I will loose my L2 status. So lets say after 6 months If I get fired / I need to take break from my job and I loose my H1 Status, so will I automatically come back to L2 status? Do I need to go back to India and file for My L2 again?

2. My L2 EAD is expiring on AUGUST 2012. So I will apply for EAD in few days and my Employer applies for H1 b Simultaneously. Will that effect my EAD Processing?

3. What are the Pros and Cons to be on H1b when compared to L2 EAD?

Your answer and Help will be really appreciated!!!!

Thank you so much for your time.

Thanks,
Pallavi

Answer
Hi,

Once your H1B petition is approved granting you change of status, you will automatically be in H1B status on the validity date of the H1B approval notice. At that point, you will no longer be in L2 status. In order to continue to maintain H1B status in the future, you should continue to be employed by the H1B employer.

It is OK if EAD extension application is filed; it will not interfere with H1B approval. If your H1B employment will be terminated, at that time an application to change your status to L2 can be filed. You will not be required to depart the U.S. as you will be granted change of status.

H1B allows you to maintain status independent of your husband's status. The disadvantage is that you must be ready to change status to L2 if your employment is terminated.

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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