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Let's say a person is on L1 status through company A and he…

Let's say a person is...
Let's say a person is on L1 status through company A and he is getting H1 sponsored through company B in FY 2019. he already has i140 approved through company for more than 180 days. Due to country limit the i1485 is not being filed yet and priority date has 5+ years wait time. if H1B sponsored through company B gets approved in Oct 2018, whether his spouse would be able to apply for H4 EAD with approved i140 while applying status change from L2 to H4? Is there any pre-requisite to change the status first and then apply for H4 EAD?
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Answered in 6 minutes by:
3/17/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,948
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! Thank you for requesting me. I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Yes, the H-4 can apply for COS from L2 to H4 and also apply for the EAD at the same time. There is no pre-requisite for COS to be approved before being able to APPLY for the EAD.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 5 months ago
Thanks for your quick response. Just a follow-up question. Whether H1 petition 129, L1 to H1 COS, L2 to H4 COS, H4 EAD all can be submitted together in April 2018 or should wait for H1 approval and then do COS (L1 - H1 , L2 - H4) etc.

They would hold the H-4 COS and EAD in abeyance if you filed them all together. It might be better to do H-1B first, maybe even Premium Processing, then do the COS to H-4 and EAD soon after.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,948
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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