I am supposed to go back to my home country in may 2013 and my husband will be applying for premium H1 visa in march 2013. So he will be getting his H1 by May 2013 but will be affective from oct 2013. So is he allowed to stay here and work till oct 2013(as he will have his H1) when I am gone to my home country.
Something does not add up. If he is not an H1 now, how is he applying in March 2013? How do you know he will be approved? If approved, how do you know he will start before October 1, 2013, the beginning of the fiscal year?
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.
You will need to discuss the facts of your case with an immigration attorney. There are too many facts and factors that must be considered before answering your question.
Answers to questions are for general purposes only and do not establish an attorney-client relationship.
For you to be working on your l-2 and EAD is under the premise that your husband is in valid L1B status at the time and that you, his dependent, are residing with him while he works in the US.
Which is not going to be the case, based on his plan.
You will then need to depart the country with your husband as soon as he leaves, and hopefully return with him in H-4 status on October 1st.
Behar Intl. Counsel 619.234.5962 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.
4 lawyers agree
I presume your husband's status is contingent on your L-1 status. Thus, you must continue to work in L-1 status for him to maintain status. He must do so until October 1, 2013 when his H-1B will presumably be effective. Thus, the scenario you describe will not work.
5 lawyers agree
I assume you are L1 not L2 because otherwise your facts make no sense. If so, be aware that if youpermanently depart the U.S. in 5/13 that will put your husband out of status at that time. His change of status to H-1B should not be approved unless he can show that he will remain in status to 10/13. There may be a workaround here but you need to have a personal consultation with an immigration attorney to straighten it out.