Green Card from L2-EAD or H1-B

glen_123

New Member
Hello Experts,

I am currently on L2-EAD, working for an employer directly since March 2013. My EAD is valid until Dec 2014 and can be extended further. 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. I still have 5 years left on my H1B quota. My spouse is planning to apply for H1B in April 2015.

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 and 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!
 
It is immaterial whether while you are on L2-EAD or H-1B and/or your souse is on L-1 or H-1B and do PERM for yourself because green card labor certification is future employment. You may change to H-1B depending on circumstances (H-1B is also dual intent) and you will not be subject to new H-1B cap since you were already counted before and H-1B should be reinstated within future 6 years
 
Thanks for the response.

Is there any advantage of going with option 2 compared to 1?

when you say H1-B has to be reinstated within future 6 years, is it 6 years from the date of first H1 approval?
 
You can stay on L-2 status as long as your spouse's L-1 permits BUT you need to sure about your upcoming H-1B reinstatement which needs to be within 6 years of initial grant. There is no real advantage of using option 1 or 2 you need to look at all circumstances before deciding which option is better.
 
Thanks! so, in my case, my H1 was initially granted in Dec 2009; so i have to reinstate it before Dec 2015. correct?
 
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