L2 EAD -> H1B (COS or Consular Processing)

C

chetanmay

Registered Users (C)
My Wife has L2 + EAD valid till 04/2008.

She is working full time for a firm here in USA. The company wants to file for her H1B by 04/01//2007.

[1] If they file COS on 1st April 2007 using premium processing; and if it gets approved by end of April, 2007; will she start working on H1B from April/May, 2007 or the change of status is valid from Oct.,2007?

[2] If she applies for new H1B with consular processing and NOT COS; can she continue working on L2 + EAD and make trips outside of USA and re-enter on L2?
Later in Feb/Mar,2008 (anytime after Oct.2007) can she go out of the country and stamp H1B on her passport and enter USA on H1B status.

[3] Can she hold on to H1B approved petition while working on L2 + EAD? And later go out and stamp H1B.

I appreciate your response.
Thanks
 
chetanmay said:
My Wife has L2 + EAD valid till 04/2008.

She is working full time for a firm here in USA. The company wants to file for her H1B by 04/01//2007.

[1] If they file COS on 1st April 2007 using premium processing; and if it gets approved by end of April, 2007; will she start working on H1B from April/May, 2007 or the change of status is valid from Oct.,2007?

As quota is effective Oct. She can not work before Oct 2007 - provided she gets COS approved.

[2] If she applies for new H1B with consular processing and NOT COS; can she continue working on L2 + EAD and make trips outside of USA and re-enter on L2? - YES
Later in Feb/Mar,2008 (anytime after Oct.2007) can she go out of the country and stamp H1B on her passport and enter USA on H1B status.

Very much possible

[3] Can she hold on to H1B approved petition while working on L2 + EAD? And later go out and stamp H1B.

YES

I appreciate your response.
Thanks
Click to expand...
 
[1] If they file COS on 1st April 2007 using premium processing; and if it gets approved by end of April, 2007; will she start working on H1B from April/May, 2007 or the change of status is valid from Oct.,2007?

As quota is effective Oct. She can not work before Oct 2007 - provided she gets COS approved

Why can't she work from the time H1B COS petition approval date (May,2007) to the COS effective date 1st Oct. 2007?
She has L2+EAD status on which she can work till 04/2008 and he H1B COS is only effective from 10/2007.
 
chetanmay said:
Why can't she work from the time H1B COS petition approval date (May,2007) to the COS effective date 1st Oct. 2007?
She has L2+EAD status on which she can work till 04/2008 and he H1B COS is only effective from 10/2007.
Click to expand...
She can work til Oct 1 with EAD.
 
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