H4 to H1B after 6 Years of stay


sdsingh

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Hello Experts,

Here is my situation, please give me your suggestions

1) Myself and my wife entered US in May 2006 on L1B & L2 from company A, we got fresh L1A and L-2 in Sep 2008. Current I-94 is valid till mid of Oct 2011.Company A is not willing to do GC and we are approaching start of 5th year in May.

2)Company B has offered me to file GC and H1b before the 5th year kicks in (They have already taken care of advertising etc)

3) If I move on with company B, my wife will have to do a COS to H4 and will she have to continue on H4 until we get the EAD after filing I-485. Can she find another employer and file her H1B considering she had spent 5 years on L2 Status. Does she only get one year more on her disposal if she goes for H1b.

Thanks

SD Singh

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