What to do if I am here in the US working on L1B and my wife is on L2, working on an EAD based on her L2 status?
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What to do if I am here in the US working on L1B and my wife is on L2, working on an EAD based on her L2 status?
My wife’s employer filed her H1B this year, which was approved about 2 months ago. I am moving to a different company, who filed an H1B(non-cap using my old unused H1B Cap number), which got approved couple of days back. Since my wife would be out of status, when I move to H1B, this new company of mine had filed her H4 which also got approved. Our understanding is that since she has moved to H4 now, she cannot work since she is no more on L2 EAD. Hence asked her employer for resignation, who in turn consulted his attorney and came back saying she can work on her EAD till Oct and then on her H1B. Is this correct?
Asked on July 15, 2013 under Immigration Law, Delaware
Answers:
Harun Kazmi / Kazmi and Sakata Attorneys at Law
Answered 10 years ago | Contributor
Hello. Unfortunately, she cannot work once she is no longer an L2. Even if the current EAD is still valid, it is tied to her status and thus unlawful to continue working. However, if the start date of your h1b is October, then you are both still L1 and L2 until the change of status date begins. Thus, I would need to know the dates of your new H1b.
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