L2 to H1 transfer during L2 extension

USA H1B
1

Hello Anil,

Happy New year…!

I am currently residing in the USA on an L2 visa (dependent on my husband who is in L1B). And, I had an L2 EAD and was working for company A for client B until Oct 2020. My L2 and EAD has expired in Oct 2020 and currently waiting for the extension results.

My L2 and EAD is already applied for an extension in Jul 2020 along with my husband’s L1. My husband’s L1 extension has approved and valid until May 2021 which is a maximum duration of L1B(5 Years).

However, we(Me and Child) are still waiting for the L2 dependent’s results.

Now, my earlier Client B is planning to sponsor an H1 for me during this fiscal year 2021 to work directly for them which interns lead to the below questions. I greatly appreciate your suggestions on these.

  1. Can Client B sponsor for my H1 since currently, I am in the L2 status extension process and still waiting for the results along with EAD results.
  2. This H1 process will have any impacts on my existing L2 extension process and EAD?
  3. Should Client B apply as “Change of Status(COS)” to avoid going out of the USA for H1 stamping. Please advise for a better process if any. If COS, still I need to go through the lottery and picked up like H1 consular process.
  4. What if my L2 and L2 EAD have approved in a couple of months from now(Jan-Mar 2021)? Can I join Client B with my new L2 EAD and continue working until my H1 case results.
  5. Later incase my H1 is also approved, will my stay in the USA with L2 will be considered, or will I get a new cap of 6 years for H1. Then, how I need to switch my L2 to H1 to continue working for client B.
  6. My husband’s employer is also planning to apply for his change of status from L1 to H1 this year 2021 to avail an additional 1 year. In this case, can we both include dependents in each other’s H1 application including the child? If not, how big is the process later to add dependents for H1 based on our approvals.

Thank you so much

2

You need to first understand your H1B and then you will understand the other questions.

You can file H1B as change of status but if you never had any H1B visa earlier, then you need to go through cap subject application (called lottery) in April.

If your application is selected and approved with change of status, your status in the US will automatically change to H1B from L2 on the date of H1B start date.

Other stuff like dependent status and other things depend on H1B and they will follow with whatever status they currently have.

3

Hello Raj9 and Anil,

I am also in the same boat of Raj9.

My Biggest Question is Point number 5. “Later incase my H1 is also approved, will my stay in the USA with L2 will be considered, or will I get a new cap of 6 years for H1. Then, how I need to switch my L2 to H1 to continue working for client B”

Please give some clarity. Thanks in advance.