Immigration Issues/Reg: L1 - L2 and EAD


QUESTION: I work in US with L1 - individual petition. My wife on L2 having valid EAD is also working. Recently i got my H1B approved and i am authorized to start work from Oct2006.

Here are my question which i am struggling to find answer.

1. Do i need to go to india, get stamped and come back.
2. what will happend to my wife EAD, if no to first question. I understand if we need to go back and re-enter US she will be on H4 and cannot work.
3. If no to first question, do i need to intimate US-Govt reg the shift from L1 to H1...

Excepting your assistance.

ANSWER: You do not have to immedaitely go back to India if you got a new I-94 as part of the approval letter, but you must do so on your first trip out of the country. Technically, your wife is no longer allowed to work as of 10/1/06.



---------- FOLLOW-UP ----------

QUESTION: Hi Robert,

Thanks for you mail. Now I have question regarding L1B to H1B Chane Of Status.

I came to US on L1B and got my H1B done from another employer, it is change of status.

Here are my questions.

1. I didnt move with my new employer yet its going to be April2007 now. But H1b was effective from Oct2006. What will happen if i join on H1B now ?
2. Is there any other way other that Change Of Status, that i could have opted to obtain my H1B.

Waiting for your response.


You could have gone home and filed I-129 for H-1 and then it technically would not have been change of status. You can start with employer in April. Keep evidence of your valid L-1 status and paystubs for the period from when you applied for change until 4/07. The end date of H-1 is as is on the petition.



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Robert Hollander<B> Esq.</B>



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