L2 EAD expiring 02 sep'2016 and have approval H1B with consular processing effective 01 Oct 2016

Hi, I am kind of stuck in a tricky scenario. I am on L2 visa and working on EAD. My current EAD expires on 02 Sep 2016, and my EAD renewal is pending since 2.5 months. I dont know if I am going to get my EAD renewed before that. I also have an approved consular processing H1b effective from 01 Oct 2016 .

  1. Can I continue working on L2 beyond 02 Sept, based on https://secure.ssa.gov/poms.nsf/lnx/0110211420#g2 that states that L2 can work even without EAD.
  2. For my H1b, the LCA start date is 28-Aug-2016, Is there a legal option that I can start working on H1b from this LCA start date? So that I dont have to depend on EAD anymore.
  3. What are the steps to conver my H1b consular processing to COS, what its fee and can it be done with premium processing? Can it have a start date earlier than 01 Oct?
  4. If nothing else happens and I do not receive my new EAD before expiry old one, will the company have to terminate me or I can just take leave without pay?

I am just looking for a way to continue working and less impact on my empoyer.

  1. I think what they are saying is that you can apply for SSN when on L-2 even when you don’t have EAD. It doesn’t say that you can work without EAD.

  2. No. Even though LCA start date is Aug 28th, you cannot work until Oct 1 and that too if H-1 is approved w/ COS, or you enter US on stamped H-1 visa.

  3. I-539 needs to be filed and this could take 2-3 months to process. Other option is to get H-1 visa stamped, but you will have to see date availability in your home country.

  4. You can just go on unpaid leave. They don’t need to terminate your necessarily. Stop working, and stop getting paid.