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Am I eligible for L2 EAD to H1 B premium processing?

New Berlin, WI |

I have 10 yrs of experience and am working on L2 EAD for last 2 yrs and my spouse L1 B is going to expire in may 2014.
I found a new job and employer agrees to file H1 B in April 2014, then can I work with new employer from may 2014 to Oct 2014 ( till the new H1 is approved)?
Am I eligible for premium processing for H1 before april 2014 quota starts or before my L2 EAD expires?
or Is there any other way with which I can continue working with my new employer by staying in US during this visa change/extension.?

Attorney Answers 4


  1. No, you are not eligible for any PP before April 1, 2014, which is the first day in which H-1Bs can be filed for an Oct. 1st start date.
    No, there is no other way you can continue working (let alone remain in the U.S.) on your L2 EAD beyond your husband's L-1B''s expiration date. The only way to remain in the U.S. until October 1, 2014 is to request a change of status to B1/2.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. No, unless your employer is cap-exempt, you will not be able to work between May and October 2014.
    Please see

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. Seems that your plans to remain in the United States came to a halt and you have to either COS to a B-2 or leave.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602


  4. No, you could not work on the H1b until October 1, 2014. You cannot file before April 1, 2014.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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