Spouse H1B 6th Year - Options required


rdworks

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Posted

Hi, 

First of all I would like to thank this group for all the valuable discussions. I had specific questions about my scenario and would like to get some feedback. 

1. I hold a valid H1B visa and PERM process is in progress. 
2. Spouse is also on H1B and is going to complete 6 years max out in ~4 months 
3. Her company is willing to do L1A Blanket but we are not interested in going to Canada/Mexico for stamping at this point 

Questions: 
1. Any chance of conversion from H1B to L1A Individual petition and stay in the US without getting stamping? (Mind you, 6 years max out date is 4 months from now) 
2. If she goes on H4 until my I-140 gets approved, any chance in the future we can use her H1B or she always has to rely on EAD? 
3. Waiting for my PERM and I-140 apprval and getting her EAD - Is that the best feasible option?

Any other suggestions? 

Thanks!

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