Legal Question in Immigration Law in Arizona

L2 to H1B status transfer without EAD

My H1b got approved from Oct'08 by company A. But I did not go for stamping. Later my wife came to US in Sep'08 on L1 by company B. And I came to US on L2 in Dec'08 through the same company B.

My wife has to return India in Mar'09. So, I can't wait for EAD, because by March I can't get EAD and my L2 status may be invalid.

Now I wanted to work on H1 by company A. I have applied for SSN.

1) How can I start transfreing the visa status from L2 to H1? Please let me know the process.

2) What are the documents I need to do the same?

3) How long will it take the process of status transfer?

4) Can I start working on H1 immediately after applying for status transfer from L2 to H1, or do I need to wait for approval?

5) If it takes more time, and by that time if my wife leaves to India, then what will be my visa status?

6) After getting L2 to H1 transfer, how long can I work without stamping?

7) Where should I go for staming H1?

8) Does my L2 visa status get invalid, once my wife leaves to India?

9) Is there any way to work on L2, even my wife leaves to India, because I have I-94 valid till march 2011?

10) Do I really require EAD to work on L2? Can't I work with just SSN?

Kindly answer my questions.

-Thanks

Srini


Asked on 1/14/09, 4:50 pm

1 Answer from Attorneys
Gabriel Jack Muston & Jack P.C.

Re: L2 to H1B status transfer without EAD

there are a lot of questions here, sir. The short answer is that you could potentially file an H-1B change of status due to the fact that a number was assigned to you in the previous H-1B count. You will not likely be allowed to work immeidately upon submission of the change of status case from L-2 to H-1. However, you could file it premium processing. Feel free to contact my office for an appointment. the initial consultation is just $80

best regards,

Gabriel D. Jack

408.293.2026

www.mj-law.com

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Answered on 1/14/09, 5:38 pm


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