L2 and perm

[subhajit4u]

My spouse was in l1b status for 5 years before moving on to a dependent l2 status. She has now taken up a job through Ead, and we are working towards applying for her perm. As currently she is dependent on my l1 status which is valid for another 3 years, we wanted to know what's the best way to go so that we can stay back. Is the best way to file a perm and then file h1b. Or it's the other way round. Challenge with h1b is the lottery. Advise appreciated

[jairichi]

Proceed both in parallel.

[Attorney_15]

If you're looking to be in a position to stay in the USA longer, getting a PERM case filed sooner rather than later is usually a good idea but also aiming to try for a change to H1B status even if employed currently in L2 status. Time in L1 status is counted against H1 time but time in L2 status (like H4 time) is not counted against H1 time.

 

Both L1 and L2 should probably try for H1 to increase the odds of someone getting counted against the cap. I would strongly recommend talking with an attorney for specific legal advice on what is the best course of action based on your specific circumstances.

[subhajit4u]

Thanks all. I had another question. Lets say my spouse goes out of the country for a month and comes back on a stamped L2 and continues to work will it then help reset the H1 clock or she has to be out of the country for an entire year to reset. Please advise

[jairichi]

Thanks all. I had another question. Lets say my spouse goes out of the country for a month and comes back on a stamped L2 and continues to work will it then help reset the H1 clock or she has to be out of the country for an entire year to reset. Please advise

She has to be outside US for a year after which a cap subject H1B petition has to be filed and approved to get fresh 6 years.