L2 EAD COS H1B continued stay in US

Hi Anil,

I am currently on L2 EAD and my visa/EAD expires by July. My spouse L1A got approved about two weeks back and still I am awaiting my L2 approval. I haven’t applied for EAD yet.

I have few questions

Question 1 -

What is the process to expedite my L2 extension process ? Can I apply for EAD when my L2 Extension is in process ? Is there a chance of rejection for my EAD ?

Question 2 :

Mean while I have applied for COS to H1B through my employer and my application got picked in lottery. Without EAD I will not be able to work after July.

I got to know even if my H1B COS got approved earlier , My effective start date would be effective October 1st in US .Because of my spouse medical condition I have to stay in US.

In that case can I resign and join back the employer ? does that pose any risk to my H1b processing ?

Appreciate your advice . Thank you


Expedite L2 Extension

There is no way to expedite the L2 extension process. It will take its time.
You can apply L2 EAD based on pending L2 extension and approved L1.

H1B COS approval after lottery

You canjoin the H1B employer only on Oct 1 if you H1B is indeed approved before Oct.

You can only work for the H1B employer with whom the application is approved. If you want to work for some other company, you have to file H1B transfer before you can work with them.

Hey Anil. Thank you so much for your swift response.

My only concern is if I leave my employer will that affect my H1B processing ?

Also if I do premium on H1B is there any risk of rejection?

Has the H1B been filed by same employer that you are currently working with?
If yes, then they can withdraw your H1B application. It depends on what they want to do.

The risk of rejection is same in premium as you have in regular application. I suggest to upgrade to premium as it gives you decision faster.

Thank you so much again .I will pursue my employer to convert it to premium .

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