One of my friends has come to US in April, 05 on a L-2 visa. The L-1 and L-2 visa is valid till end of October 05, and also the I-94 is valid till end of October 05.
Additionally, he had an approved H-1B (not stamped) which is valid from Jan-05 through Sep-07.
Here are my questions:
If he applies for EAD now and gets it approved (it takes 3 months) …
1) In case his wife's L-1 is not extended beyond Oct, Can he apply for status change to H-1B in October in the US itself?
2) if status change cant be done, does he need to go back to home-country (India) to get the H-1B stamped or can the same be stamped in Mexico/Canada?
3) Until when can the H-1 B stamped (though it is valid for 3 Yrs) without issues?
4) Do you foresee any issues at later stage/any later application of H-1B, as a result of getting EAD even though H-1B has been approved?
One of his major motivation is that L-2 is more flexible that he could work anywhere/anyone but with H-1B, this would be limited to the sponsor. Also, he could end up paying 30-40% to the H-1 sponsor.
Looking forward to your response.
Thanks in advance
Additionally, he had an approved H-1B (not stamped) which is valid from Jan-05 through Sep-07.
Here are my questions:
If he applies for EAD now and gets it approved (it takes 3 months) …
1) In case his wife's L-1 is not extended beyond Oct, Can he apply for status change to H-1B in October in the US itself?
2) if status change cant be done, does he need to go back to home-country (India) to get the H-1B stamped or can the same be stamped in Mexico/Canada?
3) Until when can the H-1 B stamped (though it is valid for 3 Yrs) without issues?
4) Do you foresee any issues at later stage/any later application of H-1B, as a result of getting EAD even though H-1B has been approved?
One of his major motivation is that L-2 is more flexible that he could work anywhere/anyone but with H-1B, this would be limited to the sponsor. Also, he could end up paying 30-40% to the H-1 sponsor.
Looking forward to your response.
Thanks in advance