Can my L2 and H1B visa co-exist?

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Can my L2 and H1B visa co-exist?

My husband is on L1B visa and I am on L2. I hold an EAD and am currently employed. I am actively looking for a H1B visa sponsor for myself. Assuming that I do get myself a H1B visa, my doubt is, can my L2 and H1B visa co-exist. Once I get my H1B visa, would my L2 EAD still be valid (considering my husband would still be on L1B). Despite having a H1B visa, would I be able to work for any employer across the US using my L2 EAD.

Asked on February 13, 2013 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, absolutely not.  You can only have one nonimmigrant status at any given time, so if you are in L-2 status, you are in L-2 status and if you change to H-1B, then you will be in H-1B and your L-2 EAD will no longer be valid.  It is not clear to me why you would even consider changing to H-1B if you already have L-2 EAD and can work for any employer.  Why limit yourself to the H-1B which is employer specific?


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