L2 EAD expiring on 22nd Sep'13 & H1 approval pending


I am currently working on L2 EAD which is going to get expire on 22nd Sept’13.

My VISA has already expired in April’13, so currenlty on I94 which is going to expire on Nov’14.

My employer has filed H1 in this year’s quota - which is still in “Initial Review” status.


  1. I am planning to apply for extension for my EAD - which normally takes 90 days. If EAD is not approved before 22nd Sept - then will I have to resign? or will have to take leave till the time I get EAD extension to resume my job?

  2. If my H1 VISA gets approved before 22nd Sept - will I be able to continue my job even if EAD extension is not approved?

  3. Which will be considered as my valid VISA - will I be considered still on L2 or H1?

  1. You cannot work. So you can discuss w/ your employer what’s the best thing to do - resign and get rehired or go on long leave

  2. No. You can use H-1 for work only from Oct 1 and that too for the position it was filed for

  3. If H-1 gets approved w/ COS, then you are on L-2 until Sep 30 and H-1 thereafter