L2-EAD to H1B - can it be cap exemption?

[glen_123]

I am currently on L2-EAD, working for an employer directly since March 2013. My EAD is valid until Dec 2014.

 

I had an approved H1B earlier and was working for 1 year (Jan 2010 to Jan 2011) for a different employer and had to go back to my home country for sometime. Can i use this past H1b approval and request my current employer to file my H1B under Cap-Exception? Or will I have to through the H1B Cap in April?

 

My spouse will have to move from L1B to H1B to start his green card process. I don't want to loose my work status when his visa status changes.

 

What other option do I have here? Can I ask my employer to process my GC on my L2-EAD status? Any information on this is really appreciated.

[jairichi]

I am currently on L2-EAD, working for an employer directly since March 2013. My EAD is valid until Dec 2014.

 

I had an approved H1B earlier and was working for 1 year (Jan 2010 to Jan 2011) for a different employer and had to go back to my home country for sometime. Can i use this past H1b approval and request my current employer to file my H1B under Cap-Exception? Or will I have to through the H1B Cap in April?

 

My spouse will have to move from L1B to H1B to start his green card process. I don't want to loose my work status when his visa status changes.

 

What other option do I have here? Can I ask my employer to process my GC on my L2-EAD status? Any information on this is really appreciated.

Yes, you are cap exempt.

[glen_123]

Jairichi - Thanks for the response.

 

Exemption is based on my earlier H1B status or my current L2-EAD status?

 

Can my employer start my H1B processing immediately? and if it is approved will the COS happen immediately?

 

How long should i wait before i ask my employer to process my GC after the H1 approval.

 

Thanks in advance!

[jairichi]

Jairichi - Thanks for the response.

 

Exemption is based on my earlier H1B status or my current L2-EAD status?

 

Can my employer start my H1B processing immediately? and if it is approved will the COS happen immediately?

 

How long should i wait before i ask my employer to process my GC after the H1 approval.

 

Thanks in advance!

Cap exempt as you have been cap counted one on H1B and you have not used the max allowed stay of 6 years on H1B.

 

My suggestion would be to utilize maximum of your L2 EAD status i.e. as long as your spouse's L1 status is valid. Because stay on L2 status will not be added to your maximum stay of 6 years allowed on H1B. In your situation you still have 5 years on H1B.

 

If you do not know when your spouse would be moving to H1B status then one option would be is to file cap exempt H1B petition as consular processing. In this way when your spouse moves to H1B status you can exit and enter US with a valid H1B visa and I797 and continue working for employer.

 

If you are sure by which day your spouse is going to move to H1B then your current employer can file a COS from L2 to H1B with a start date of the day your spouse is moving to H1B. If COS is approved it is immediate.

 

You can ask your employer anytime to process a GC as it is for future employment. Even now employer could initiate it.

[glen_123]

Jairichi - Thanks for the detailed response.

 

you mentioned that even now my employer can apply for my GC! Can they sponsor my GC on L2 (dependent) status? What happens to the GC processing when my spouse switch to H1 and then following I move to H1? Will they have to process my GC again fresh?

 

Can there be a COS directly from L2-EAD to H1B? Does that fall under the cap exemption?

 

Appreciate all you responses.

[jairichi]

Jairichi - Thanks for the detailed response.

 

you mentioned that even now my employer can apply for my GC! Can they sponsor my GC on L2 (dependent) status? What happens to the GC processing when my spouse switch to H1 and then following I move to H1? Will they have to process my GC again fresh?

 

Can there be a COS directly from L2-EAD to H1B? Does that fall under the cap exemption?

 

Appreciate all you responses.

GC is for future employment. An employer can file for you whether you are in US or home country or with any visa category. And, GC process continues even if you change your status in US unless employer intends not to proceed further.

 

Yes, employer can file a COS from L2 to H1B and since you were counted against H1B cap once you are cap exempt. 

[glen_123]

Hello Experts,

 

In follow-up to my question i posted in February, I am in the process of filing my GC with my current employer. I consulted with my immigration team and they mentioned they can do a COS to H1-B anytime since I still have 5 years remaining on my H1 quota.

 

My question now is:

should I change my status to H1-B now and then initiate the GC process

OR

initiate the GC now with my L2-EAD status now wait till my spouse file for his H1-B in April 2015 and then file for my H1? What are the pros and cons of these options?

 

Appreciate all the information and responses this forum has provided.

 

Thanks!

 

Here is the question i posted in Feb

 

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I am currently on L2-EAD, working for an employer directly since March 2013. My EAD is valid until Dec 2014.

 

I had an approved H1B earlier and was working for 1 year (Jan 2010 to Jan 2011) for a different employer and had to go back to my home country for sometime. Can i use this past H1b approval and request my current employer to file my H1B under Cap-Exception? Or will I have to through the H1B Cap in April?

 

My spouse will have to move from L1B to H1B to start his green card process. I don't want to loose my work status when his visa status changes.

 

What other option do I have here? Can I ask my employer to process my GC on my L2-EAD status? Any information on this is really appreciated.

 

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