Status of the H-4 EAD regulations

Status of the H-4 EAD regulations

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See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

FAQ Transcript:

This FAQ is about H-1 quota, how does H-1 quota work?

I think this is an issue important for many people.

Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.

Answer: It can be done, sure. Here is how you do, when you apply for H-1, don't apply for change of status, its up to you. You can tell the employer and double check it,make sure you talk to lawyers. Just say I want an H-1 approval but I don't want change of status. That way from October 1st you don't automatically get on H-1, you stay on L-1 continue working on L-1. And whenever you are ready you can go outside, get your visa stamped and come back or apply for change of status within USA to H-1, which is like doing H-1 all over again but you are not subject to the quota. So that's how you do.  

Nonimmigrant Visas: 
Immigration Law : 
Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on

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