HIB Transfer Query

[vinotha.sk]

Hi,

 

I'm currently in US on L2 and recently got job. My EAD is valid until Oct 2018 and my husband visa is till Dec 2018. I traveled to US, previously on 2010 for 6 months under H1B Visa, this petition was valid from 01/26/2010 to 08/12/2012. 

I want to know whether i'm eligible to apply for H1B under out of cap or need to apply for fresh H1B. If eligible, whether it is possible to change my visa from L2 to H1B. Input on this will be highly appreciated.

Thanks.

[pontevecchio]

You can reclaim your remainder 5.5 years in H1 status and you are not subject to cap. But since L2 times are delinked from H1, consider staying in L2 status till December, 2018 before getting a H1 sponsor.