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L1 to H1 COS and spouse has L2 EAD

Des Plaines, IL |

Hi I am working on L1B visa in US and applied for H1B this year . My spouse is on L2 EAD . I didn't file H4 for her . If i do a COS from L1 to H1 ,she can still work on L2 EAD or it will be cancelled .
My consultant said that until i am in US and i doesn't move to my home country for visa stamping , she can still work on L2 EAD, is it correct or not?

Attorney Answers 4


  1. It seems like you are getting highly questionable legal advice from a non-attorney who is unauthorized to represent you as a matter of regulation, among other concerns.

    Once you begin work in H1b status, or cease L1 work, then your wife's EAD ceases to be valid, even if it has yet to expire. She should change status with you to avoid possible complications during visa stamping.

    I strongly recommend that you and your employer hire a competent, experienced and licensed immigration attorney before complications arise and you fall out of status, among other concerns. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.


  2. I agree with Mr. Dixler. Any reason why you wanted to change from L-1B to H-1B? I am just curious.

    Law Office of Brian H. Lee, San Jose, California, 408.246.6710 This is general information, not legal advice. This does not establish any attorney client relationship.


  3. You should talk to an immigration attorney, not a consultant to evaluate your options.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  4. Her L2 will automatically terminates upon termination of your L-1 as it is derivative status. If she does not apply for change of status prior to such termination, she will be out of status.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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