L2 EAD and H1B Visa Transfer Working


I am currently working on L2 EAD with one of the employer.My L2EAD is valid until Nov’2013. I have filed the H1B visa this year with another employer and which is still under Initial Review.

My concerns are,

  1. Since my current project is until Nov’2013 can I work on L2EAD after 1st October onwards if H1B is approved before October.

My employer has filed I-129 and not I-539. My understanding is that since it is not I-539 they have filed new H1B. it means after October onwards I can work on L2 EAD since my L2 visa and EAD both are valid until Nov’2013. Correct me if I am wrong.

Appreciate for quick responce.

  1. No, you cannot. If H-1 is approved w/ COS, then you will be on H-1 status from COS effective date and have to start working on H-1 from that date.

Separate I-539 doesn’t need to be filed when I-129 has been filed. Look at the filed I-129 if it was applied w/ COS or w/ consular processing.