Details About H1B Versus L2 Visa

[DivyaPathak]

Hello,

I need information and suggestions for below queries. I am currently in US on L2 visa along with my spouse.
I had stayed in US earlier in H1B visa. My H1B was filled in July 2012 and got expired in Nov 2014. I had stayed in US for 15 months.

Am currently on long leave( my employer allows upto 1year leave for accompanying spouse at onsite), I am planning to work in US.

Please suggest which of the below two would be best option for me

1. To restamp my H1B. If yes then till what time can i file my H1B under cap exempt?
2. Should I file EAD for L2 and then look for job?

What are the pros and cons of the above two options? Also, if i go with EAD can I continue with my current employer ? Or will have to quit and look for other options?

Apparently, EAD seems to be an easier option to me however, not sure if this is the best option. Please suggest.

Looking forward for a quick response.

Thanks in advance!

[raghvi]

Hello,

I need information and suggestions for below queries. I am currently in US on L2 visa along with my spouse.
I had stayed in US earlier in H1B visa. My H1B was filled in July 2012 and got expired in Nov 2014. I had stayed in US for 15 months.

Am currently on long leave( my employer allows upto 1year leave for accompanying spouse at onsite), I am planning to work in US.

Please suggest which of the below two would be best option for me

1. To restamp my H1B. If yes then till what time can i file my H1B under cap exempt?
2. Should I file EAD for L2 and then look for job?

What are the pros and cons of the above two options? Also, if i go with EAD can I continue with my current employer ? Or will have to quit and look for other options?

Apparently, EAD seems to be an easier option to me however, not sure if this is the best option. Please suggest.

Looking forward for a quick response.

Thanks in advance!

Both have their advantages and disadvantages. While on L2 you are pretty much tied to the status of your spouse, if spouse leaves US or is asked to leave US, you would have to leave too , whereas while on H1 you can be independent of spouse's employment status. But at the same time on H1 you must work and get paid otherwise you go out of status, while on L2 EAD it is not mandatory for you to work.

This is my opinion not legal advice.

[DivyaPathak]

Both have their advantages and disadvantages. While on L2 you are pretty much tied to the status of your spouse, if spouse leaves US or is asked to leave US, you would have to leave too , whereas while on H1 you can be independent of spouse's employment status. But at the same time on H1 you must work and get paid otherwise you go out of status, while on L2 EAD it is not mandatory for you to work.

This is my opinion not legal advice.

Thanks Radhvi appreciate your response. Just from job perspective which visa would be better? Which visa(L2 EAD/H1B) has potential to give more jobs?

My H1B was expired in Nov 2014 till when am I eligible for cap exempt? I heard it can be applied 3 years after the visa expiry.

View of other members are also appreciated. Please suggest.