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Ead (l2) To H4 Status

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Ead (l2) To H4 Status

Postby Lochlain » Tue Dec 13, 2016 11:52 pm

Hi,

I am currently working on L1 and my wife working on L2(EAD). Her EAD(My L1 and her L2), all the visa's expire by June 2011.

My company filed H1B for me and automatically filed for change of status for my wife to H4.

Her consultant is yet to file her H1B Visa.

She has got H4 approval notice. I didn't get my H1B approval yet.

Though she has got H4 approval status, since she has got valid EAD till June 2011, she can continue working on EAD till expiry?

Please let me know ASAP.

Thanks,

Kamalesh.

ANSWER: Hi,

Your H1B has surely been approved as well, since the USCIS would not have granted H4 status to your wife without approving your H1B. Please check with your H1B employer or your immigration attorney to to verify that you have H1B status.

In any event, as an individual can hold only one status at a time in the U.S., and the latest action by the USCIS determines this status, your wife is now automatically in H4 status and thus cannot hold L2 status. Thus, she must immediately discontinue employment upon grant of H4 status by the USCIS.

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

Thank you for your quick response.

My Wife's consultant has filed for her LCA.

Once that is approved, he is going to file for H1B.

In this Scenario,

1. Since her LCA is filed, she can continue working? or

2. Once her LCA is approved, she can continue working? or

3. Once her H1B is filed, she can start working?

At what point she can start working?

4. I was reading in some other thread about 180 days status grace period. Is it true?

5. Even though she has a valid EAD(her EAD expires by June 2011), since her status has changed, she can't work?
Lochlain
 
Posts: 27
Joined: Fri Apr 04, 2014 4:02 pm

Ead (l2) To H4 Status

Postby Ossy » Wed Dec 14, 2016 5:40 am

Your wife can work for H1B employer only upon approval of H1B petition by USCIS granting her change of status from H4 to H1B. She cannot legally work elsewhere in the interim. There is no grace period applicable, unfortunately, and as explained earlier your wife is no longer in L2 status, and thus any EAD associated with L2 status is not applicable.
Ossy
 
Posts: 44
Joined: Tue Jan 21, 2014 1:27 pm

Ead (l2) To H4 Status

Postby Botolph » Thu Dec 15, 2016 12:37 am

Hi,

I am currently working on L1 and my wife working on L2(EAD). Her EAD(My L1 and her L2), all the visa's expire by June 2011.

My company filed H1B for me and automatically filed for change of status for my wife to H4.

Her consultant is yet to file her H1B Visa.

She has got H4 approval notice. I didn't get my H1B approval yet.

Though she has got H4 approval status, since she has got valid EAD till June 2011, she can continue working on EAD till expiry?

Please let me know ASAP.

Thanks,

Kamalesh.

ANSWER: Hi,

Your H1B has surely been approved as well, since the USCIS would not have granted H4 status to your wife without approving your H1B. Please check with your H1B employer or your immigration attorney to to verify that you have H1B status.

In any event, as an individual can hold only one status at a time in the U.S., and the latest action by the USCIS determines this status, your wife is now automatically in H4 status and thus cannot hold L2 status. Thus, she must immediately discontinue employment upon grant of H4 status by the USCIS.

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

Thank you for your quick response.

My Wife's consultant has filed for her LCA.

Once that is approved, he is going to file for H1B.

In this Scenario,

1. Since her LCA is filed, she can continue working? or

2. Once her LCA is approved, she can continue working? or

3. Once her H1B is filed, she can start working?

At what point she can start working?

4. I was reading in some other thread about 180 days status grace period. Is it true?

5. Even though she has a valid EAD(her EAD expires by June 2011), since her status has changed, she can't work?
Botolph
 
Posts: 46
Joined: Thu Jan 09, 2014 4:41 am


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