Changing of Status from L2 to H1

N

nupreti

New Member
My spouse come in US on 1st week Aug 06 on L2. We had applied for a EAD around 28th August and havent received the same yet. From the current status it looks it would take at 1-2 months. Meanwhile we had applied for her H1 visa in May 06 which was received in the start of October 06.

I have three questions:
Ques 1 - The employer (the company who filed her H1) is saying that they cant apply for a job or arrange for interviews till her status changes from L2 to H1. This is due to the reason that the prosective employer (who interviews her) would need an SSN for background check etc which wont be available if she gets thru the interview. Is this the case??

Ques 2 - We had approached the SSN office to apply for an SSN but they mentioned that cant be done till her status changes from L2 to H1. Is this the case?

Ques 3 - We approached the company to change her status from L2 to H1 and they say currently the process would take atleast 3 months. Is there a way to expedite the process and what are the charges for the same?

Thanks in advance..

Regards,
Neeraj
 
Ques 1 - The employer (the company who filed her H1) is saying that they cant apply for a job or arrange for interviews till her status changes from L2 to H1. This is due to the reason that the prosective employer (who interviews her) would need an SSN for background check etc which wont be available if she gets thru the interview. Is this the case?

Your employer is correct. Its illegal to work without SSN

Ques 2 - We had approached the SSN office to apply for an SSN but they mentioned that cant be done till her status changes from L2 to H1. Is this the case?

She can apply for SSN when she gets her L2 EAD or she needs to get her H1 stamping from outside US then return to US and apply for SSN

Ques 3 - We approached the company to change her status from L2 to H1 and they say currently the process would take atleast 3 months. Is there a way to expedite the process and what are the charges for the same?

You should have applied for COS when you converted your wife's L2 to H1.
If you applied and USCIS didnt approve COS, the only option is go and get her H1 stamped outside US.
 
Hi

Thanks a lot for ur replies. For the answer of Ques 3 you have mentioned the following:

"You should have applied for COS when you converted your wife's L2 to H1.
If you applied and USCIS didnt approve COS, the only option is go and get her H1 stamped outside US."

I didnt understand what did you meant by saying "when you converted your wife's L2 to H1".. The company has applied for (COS) status change for my wife (premium processing) from L2 to H1. Is there anything to be done from my end?

I have three more questions:

Ques 4 - She has got her EAD and we have applied for her SSN today. Will this SSN be transfered to H1 when the status change happens or them seperate process for the same

Ques 5 - If it happens that things wont work out with the employers or some issue with H1 can she work on L2 and the EAD she has currently.

Ques 6 - Can the status be changed from H1 to L2 anypoint of time.
 
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