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L1/L2 to H1 Transfer

Bellevue, WA |
Filed under: Immigration

Hi, My husband was on L1 and i am working on L2(EAD) so far. My husband has applied for H1 last year and he got approval notice on this Feb 15th valid from 2/2/2011 to 2013. So we both have resigned in our companies. Is there a way we can continue our jobs for some time on L1/L2?

Attorney Answers 2


Technically, with a change of status you are on the H-1B from the 2/15 date.

BUT: under the AC21 anti-benching provisions, the new employer doesn't need to have your husband on payroll until 60 days after status was changed here. This really doesn't mean that your L-1/L-2 with EAD are still valid, only that you don't need to join the new H-1B employer right away.

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If you were granted a change of status from L to H-1B, the answer is that you would have to apply for change back again to L status.

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