Can we file I-140 on L2 EAD and then convert both L1A and L2 to H1b?

[SANDHYARAO]

Dear Friends,

I am a RN (registered Nurse) on L2 Visa with Valid EAD and working in a hospital. My husband is on L1A visa. He has already stayed here for 5yrs and just applied for 2yrs extension. L1A has a max cap of 7yrs.

My Employer is ready to file for GC. I believe the process is first to file for I140 (since labour is not required for RN's) and then I485.

My Question is -
If my employer files the I-140 and if it gets approved before March 2014, and then if we both (me & my husband) apply for H1b Visa, will we still be considered under the H1b 2014 Cap? or since the I-140 is approved we will just get the petition approved without considering the yearly cap?

After our H1b is active (in OCT 2014) will there be max stay rules applicable for my husband since I will be the primary petitioner on I-140? or will he have to go back since he will reach his 6 years max stay duration for H1b?

Please provide some insights on this.

Any help will be promptly appreciated.

Thank You,
SR

[lisaanderson]

Dear Friends,

I am a RN (registered Nurse) on L2 Visa with Valid EAD and working in a hospital. My husband is on L1A visa. He has already stayed here for 5yrs and just applied for 2yrs extension. L1A has a max cap of 7yrs.

My Employer is ready to file for GC. I believe the process is first to file for I140 (since labour is not required for RN's) and then I485.

My Question is -
If my employer files the I-140 and if it gets approved before March 2014, and then if we both (me & my husband) apply for H1b Visa, will we still be considered under the H1b 2014 Cap? or since the I-140 is approved we will just get the petition approved without considering the yearly cap?

After our H1b is active (in OCT 2014) will there be max stay rules applicable for my husband since I will be the primary petitioner on I-140? or will he have to go back since he will reach his 6 years max stay duration for H1b?

Please provide some insights on this.

Any help will be promptly appreciated.

Thank You,
SR

1. I-140 approval does not free you from the requirement to go through cap. If either you or your husband want H-1B, you have to go through the cap.

2. It is not clear who is applying for H-1B- you or him. If he goes on H-1B, the maximum stay on H-1B is 6 years, and all the years in L-1 count towards it so you both would have to leave in 2015. If you are applying for H-1B, after his L-1 runs out, he must change to H-4.

3. In order for your husband to go an H-1B and get an extension past year 6, he needs to have an I-140 filed for him by his company. He cannot get extension based on your I-140.