L2 to H1B questions

[readi]

Hi,

Can you please clarify below questions on fresh H1B after 6years:

My husband is completing his 6 years on H1B in June 2013 ( after all recaptures).

1. If he changes to L2 ( I am on L1B), can he start working after getting L2-EAD.

2. While working on L2, If his employer wants to file fresh H1B at anytime in future, does he need to stay outside US for one year to apply for fresh H1B?

3. Are there any other options for him to get a fresh H1B, without having to stay outside US for one year.

Appreciate your response.

[pontevecchio]

1. Yes

2. Yes

3. Approved I-140, PERM pending 365 days plus

[readi]

thank you pontevecchio for your quick response. One more question:

If he changes to L2 now and his employer files GC for him while working on L2 and gets his 140 while on L2, can he continue working in US after my L1B expires/ I leave US . if so what visa would it be as L2 will no longer be valid?

[pontevecchio]

That is too highly technical a question. But he should be able to get H1 extensions if an I-140 is approved.

[readi]

He is finishing his 6th year in Jun 2013, but does not have approved I140. If he changes to L2 now and his employer starts the GC process again, can he shift to H1 after I140 is approved on L2 , without having to go to India?

We are looking for options for him to continue working in US even after my L1 expires.

Is going back to India for 365 days the only option for him to shift from L2 to H1 in future?

Please advice.

[pontevecchio]

That is one way. But if he has PERM pending 365 days plus or an approved I-140 he can get non cap H1 extensions.

[readi]

If i got you correctly, he can shift to L2 now and start GC process. And he will be able to apply for H1 extension in future once I140 is approved or 365 days plus PERM pending that is applied while in L2 status.

This is a very good news, as he does not have go out for an year and also not come under cap for his future H1 extension while shifting from L2 to H1 extension.

Thanks a ton pontevecchio for clarifying it.

Please correct me if i misunderstood it.

[pontevecchio]

That would seem to be correct. At the worst he may need to leave for the H1 visa at that time if they approve the H1 petition at that time without COS. That should not be a major problem and is also unlikely.