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

#1
Hello,

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.
 

TheRealCanadian

Volunteer Moderator
#2
If the original H-1B was not cap exempt and you have not been outside the US for a year, you can claim cap exemption on your new H1B. I'd also ask the employer to start the GC process if your plans are to remain in the US long-term.
 
#3
If the original H-1B was not cap exempt and you have not been outside the US for a year, you can claim cap exemption on your new H1B. I'd also ask the employer to start the GC process if your plans are to remain in the US long-term.
Thanks for the response.

I beleive my original H1B was not cap exempt. How do I confirm that? I was outside US for more than a year (18 months); does that make my original H1B void and I cant claim exemption for new H1B?

Can my employer just do a COS from L2 to H1B? Does that come under cap exemption?
 
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