L2 EAD to H1B

S

stac772000

Registered Users (C)
Hi,

I am on L1 and my wife is on L2. She has a valid EAD till April 2006. She recently got an employment offer and will be joining work on 29th of august.

Also, my H1B has been filed by my company and I am expecting that it would get approved effective October'05. I was told that my L1 an my wife's EAD will be void once I get my H1B.

So, we are planning to get H1B filed for my wife so that she can continue working on H1B.

My question is, if we get my wife's H1B filed by mid of september and if my H1B get approved effective Oct'05, can she continue working or does she need to have an approved H1B?

what happens if we could not file for her H1 before the H1 cap is reached?

Can any one throw some light in this situation.

thanks,
 
stac772000 said:
Hi,

I am on L1 and my wife is on L2. She has a valid EAD till April 2006. She recently got an employment offer and will be joining work on 29th of august.

Also, my H1B has been filed by my company and I am expecting that it would get approved effective October'05. I was told that my L1 an my wife's EAD will be void once I get my H1B.

So, we are planning to get H1B filed for my wife so that she can continue working on H1B.

My question is, if we get my wife's H1B filed by mid of september and if my H1B get approved effective Oct'05, can she continue working or does she need to have an approved H1B?

Once your L1 is changed to H1, your spouse no longer can use L2 work authorization. She has to get her H1 approved to start working.
what happens if we could not file for her H1 before the H1 cap is reached?
She will go out of status ,unless you apply for her H4 along with your H1 transfer
Can any one throw some light in this situation.

thanks,
Click to expand...
 
thanks, Great guru.

Does she need to have an approved H1?

Can she continue working with her H1 filed (assuming that I got my H1 by Oct '05).

Also, what other options she will have if she is not able to file before the cap is reached.
 
stac772000 said:
thanks, Great guru.

Does she need to have an approved H1? YES. Recipt is only for H1 to H 1 transfer
Can she continue working with her H1 filed (assuming that I got my H1 by Oct '05). Your H1 nothing to do with her H1. Her h1 is separate entity.

Also, what other options she will have if she is not able to file before the cap is reached.

H4 or F1 until she get her H1
Click to expand...
 
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