Will status change from H1B to L2 EAD immediately or I have to wait for complete approval?

USA
1

Hi Anil

Could you please help confirm the latest processing timing for new L2 and L2 EAD approval? I am currently on H1B and wanting to change my status to L2 since my spouse is on L1B already and working in US.

If the L2 EAD gets filed, will change my status from H1B to L2 EAD immediately or i have to wait for complete approval?

Meanwhile my L2 EAD is in process , can i continue to work on my H1B (current expiry in May 2020)?

2

Hi @rajant

The change of status does not happen until USCIS approves it.
Your status will only change to L2 once it has been approved.

You can continue to work using your H1B until the L2 COS is not approved.

You can check the current EAD processing time here.

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3

Thanks for the prompt response Anil. Can you also help me confirm below questions:-

  1. I have an existing PERM ( initially filed in May 2019 , received Audit notification in August end 2019 and Audit response submitted in Sep 2019. If i move to L2 in the COS process , will it impact my PERM process in any way?

  2. If i do not get PERM approval by May 2020 ( 365 days period), can i still file my H1B extension for 7th year while i am waiting for PERM approval?

4

The PERM process can continue independently and without being affected by your change of status application.

You can file h1B extension if PERM has been pending for more than 365 days.

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5

Thanks Anil, could you please help me determine based on current processing times if i received an Audit ( end of August 2019) and response submitted ( Sep 2019 3rd week), by when i can expect a decision on my PERM? the data on doleta website seems to display last update date as 11/30/2019. Please assist if you can.

6

Hi @rajant

Sorry, but i have stopped giving any case by case processing time estimates due to lack of time.
Thanks for your understanding.

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7

Hi Anil,
My spouse got his H1B approved and his status will change to H1B on Oct 1,2020.
He is currently on L1.
Can I continue to work on L2 EAD after Oct 2020 until I get my approval for h4?

8

Your status of L2 will be lost as soon as your husband’s status changes to H1B on Oct 1, 2020.

You cannot work using L2 EAD starting Oct 1.

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