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

Asked 11 months ago - 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. Carl Michael Shusterman

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . 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... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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... more
  3. Alexander M. Ivakhnenko

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  4. Stephen D. Berman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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