GC pending | Applying H1B

[bittu218]

Hi Folks - We have the GC application pending and the underlying L1, L2 are going to expire soon. Hence, we are going to apply for a COS for self & spouse from L1, L2 to H1B, H4. We have the following questions/clarifications, on which we will appreciate the group's answers/thoughts:

(1) Will we be able to apply for H4 for my spouse?, since her current status is "parolee".
(2) Is it better to apply for H1B & H4 together or separate?
(3) What are the advantages & disadvantages of applying H1B & H4 together?
(4) What are the advantages & disadvantages of applying H1B & H4 separately?
(5) How much time does it normally take to get the H1B & H4 approved, if applied together?
(6) How much time does it normally take to get the H1B & H4 approved, if applied separately?
(7) I have the approved EAD & AP that I have not used, yet. What happens to them as soon as I get the H1B approved? I am thinking they may be invalid, but, wanted to confirm.
(8) My spouse also has the approved EAD & AP. She recently entered US, on her AP. What happens to her EAD & AP, as soon as she gets the H4 approved? I am thinking they may be invalid, but, wanted to confirm.
(9) One of my prospective employers had got an H1B approved for me in 2006 (valid from Oct 1,2006 to Sep 30, 2009), which I could never use as my wife had started working on L2 by the time the approval came in and hence moving to H1B/H4 would have costed the loss of job for her i.e. I remained to L1. Give this background, will I still be counted against the CAP, my understanding is that I may not be subject to the CAP, but, not sure and hence, looking for expert advice.
(10) Any recommendations on what we should do? e.g. apply only for H1B, not for H4 etc..

Thanks very much folks for taking time to look at my post and respond, really appreciate it.

[kabkaba]

Hi Folks - We have the GC application pending and the underlying L1, L2 are going to expire soon. Hence, we are going to apply for a COS for self & spouse from L1, L2 to H1B, H4. We have the following questions/clarifications, on which we will appreciate the group's answers/thoughts:

(1) Will we be able to apply for H4 for my spouse?, since her current status is "parolee".
Yes, she should be able to change status.
(2) Is it better to apply for H1B & H4 together or separate?
Together.
(3) What are the advantages & disadvantages of applying H1B & H4 together?
Both likely to be approved together. Able to take adv of premium for H1 petition.
(4) What are the advantages & disadvantages of applying H1B & H4 separately?
(5) How much time does it normally take to get the H1B & H4 approved, if applied together?
Premium 15 days, regular 2-3 months.
(6) How much time does it normally take to get the H1B & H4 approved, if applied separately?
(7) I have the approved EAD & AP that I have not used, yet. What happens to them as soon as I get the H1B approved? I am thinking they may be invalid, but, wanted to confirm.
If EAD is based on 485 and 485 is pending then EAD remains valid. (for both of you)
(8) My spouse also has the approved EAD & AP. She recently entered US, on her AP. What happens to her EAD & AP, as soon as she gets the H4 approved? I am thinking they may be invalid, but, wanted to confirm.
If based on 485, see above. If based on L2 status, they are already invalid because of parolee status.
(9) One of my prospective employers had got an H1B approved for me in 2006 (valid from Oct 1,2006 to Sep 30, 2009), which I could never use as my wife had started working on L2 by the time the approval came in and hence moving to H1B/H4 would have costed the loss of job for her i.e. I remained to L1. Give this background, will I still be counted against the CAP, my understanding is that I may not be subject to the CAP, but, not sure and hence, looking for expert advice.
Your current employer can file petition using that old cap with immediate start date or file under new cap with Oct 1 start date.Time spent in the US in H1 or L1 status counts against 6 years, but having approved I-140 qualifies you for extensions beyond 6 years anyway.
(10) Any recommendations on what we should do? e.g. apply only for H1B, not for H4 etc..

Thanks very much folks for taking time to look at my post and respond, really appreciate it.

Your employer's lawyer should file the H1 petition and your wife should file I-539 to change her status along with that petition.