Filing both L2 EAD and H1B COS together

USA
1

Hello Anil,
Firstly thank you for a forum like this, it is really helpful.

I have the below situation and would like your expert advice on the same.
I am currently working on L2 EAD and my visa expires in Oct 2019 and after that I can no longer work. My husbands company will file for L1 and L2 extension in the month of Oct 2019 only when the visa’s are close to expire.

In the meantime I have a company who is willing to file my H1b . (I had H1B petition from my employer in India but I never got stamped and the petition is still valid I no longer work for that company )

So my question is

  1. Can I also file L2 EAD (once receipt # for L1 & L2 extensions are generated).
  2. With the H1 receipt # can I continue to work until decision is made?
  3. Will I have any legal issues since I have filed for L2 extn, L2 EAd and also H1b at the same time.
  4. What will happen if my H1 b petition is denied ? Will I have to move out of country immediately?

I am really confused. Need your advice .

Thanks
Neha

2

Hi @NEHAGUPTA

You can file both L2 EAD and H1B COS at the same time.

The only problem will be the status. The application that gets approved last will define your status.

You cannot work with h1B receipt since you are currently on L2 status. You can start working on H1B only after it has been approved.

You can continue to work using your current L2 EAD if you want until it expires.

Filing both L2 and H1B is legally allowed.

If H1B is denied, you can keep staying in US using your L2 extension even if it is pending.

3

Hey Anil
Thank you for this response…it helped me a lot since I am in similar situation too.

Wish you could suggest further per my case…

My current L2 visa/EAD expires in mid March 2021.
My employer has filed by H1B as CoS and I got RFE on November 25th 2020(notice is yet to arrive).

My spouse’s employer is going to file L1-B extension along with my L2, which may be in premium processing or may be not. Definitely I am not going to have a decision on H1 before they file for L extension, so to stay in US I think it’s wise to have extension filed as I can stay on receipt till H1’s fate is decided.

Can I have both H1 & L2 extension progress in parallel? Or is there an impact of L2 extension on H1B CoS petition?