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How to change status of a working L2 (EAD) to H1B during usa stay if the Employer of L1B is different than L2 employer?

Philadelphia, PA |

I hv L2(EAD) with different employer than my spouse(L1B ext.) employer.I hv 8.8 yrs of exp.I m requesting my employer to change my status from L2(EAD) to H1B as my spouse's co. is applying her H1B due to her GC process of L1.My employer is saying that initiating H1B while staying on L2(EAD) is not possible.I hv left 6 months on L2(EAD).Also,my previous H1B had expired in 30th Sept 2010. But I didn't leave usa as I had already filed L2 and application was in process. From the month of Aug 2011 I started working with my current employer on L2-EAD. Now I asked my employer to File H1b since I hv passed more than 365 day after previous h1b expired.I raised query ticket to my employers Immegration team but they said due to possibility of rejection they will not file conversion to L2 EAD to H1B.

Please advise to understand why and what should be other option in this case or if any other alternative they can follow. Now April is passed. Still H1b quota remained.

Attorney Answers 3

Posted

Still complicated, go see a lawyer.

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Posted

Your inquiry is not very clear. As a starting point in reply, while the time spent in L1 status counts towards the 6-year maximum in L1 or H1B status, the time spent in dependent L2 or H4 status do not count towards the maximum in L1 or H1B. You can start a new 6 year-period in H1B only if you have left the U.S. and stayed out for at least one year.

An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.

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Posted

A change of status to H-1B requires the employer to file an I-129, and requires that you have valid L-2 status until at least September 30.

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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