L2 visa expiry and the H1 visa application

USA H1B Visa
1

Hi,

I 'am on L2 visa and want to apply H1 visa in April 2013. But my L2 visa is getting expired on May 30 2013. It is L2 dependent visa made on my wife’s L1 visa. Based on the L2 visa I got the L2 - EAD. So Sir I have three questions:

  1. Will my L2 visa will be extended if my wife’s company files for her L1 extension?

  2. And based on the scenario that my wife’s company filing for her L1 extension, will my L2 - EAD can be extended by USCIS after May 30 2013?

  3. And in the above scenario when my L2 is getting expired on May 30 2013 can I apply for the H1 visa in April 2013. If Yes how the process would be.

Please let me know.

Thanks for your support and answers.

2

  1. Yes. The L-1 employer needs to include you as a depdendent when extending the L-1 visa.

  2. Once the L-1 and L-2 gets extended, you will have apply for EAD extension. Check w/ your attorney if EAD can be applied in parallel w/ L-2 extension or needs to happen sequentially later.

  3. Yes, you can apply for H-1 in April. Chances are USCIS will issue RFE asking for confirmation of L-2 extension until Oct 2013. In worst case scenario, they will approve H-1 w/o COS, which means you will have to get H-1 visa stamped from your home country before starting to work.