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L2 Extension and H1b conflict

Phoenix, AZ |

I am in L1b and wife is working in L2-EAD all expire on 31aug13 and my wife got H1b receipt notice and waiting for approvals for year2014.
Meanwhile if I apply to L1&L2 extension so she can stay in US for SEP13 onward.
1.what is the case if my L2 extension and h1b both are approved. Which one is valid.
2.If my wife is stay on l2 extension and H1b is also approved, can she start work on H1b from oct13 or not or need to get stamped before start work.
3. which one is better for go H1b or L2 dependent ?
Appreciate your suggestion.

Attorney Answers 2


  1. Presumably your wife's approval will have a start date of October 1, 2013. You indicated when her work permit expires, but not when her L2 expires. You should speak with the lawyer who filed the H1b to see if you request a change of status, and what the start date is supposed to be. L2 dependent has some advantages over H1b, in that you can change employers and the employers do not need to file any applications with USCIS. However someday if you ever need it, the H1b will let you become an H4.

    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.


  2. The only way a change of status to H-1B can legally be made is if the applicant is in some other valid status through at least September 30th.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    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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