Immigration to US on L1A

[aspire4usa]

Hi, I'm currently working on L1A visa for a repute IT firm in US. I currently stay in OH.
I did bachelor in engineering, possess ***8 yrs of IT exp# and came to US in Apr 2016. I stay with my spouse who possess Masters in Engineering and has 15+ years exp# in teaching university students. She has written couple of international papers. She has EAD however currently not working.

I asked my employer to see if they can help in GC, but didn't got a positive response. Seeking suggestions from you on what could be the ways we can move forward for a permanent stay in US?

[inadmissible]

Employee benefits have to be bargained for

Get an offer lined up from a H-cap-exempt employer (university, research institute) then threaten to quit if you don't get what you want

Or have your wife get a cap-exempt H job, so you have the flexibility to quit and chill on H-4 until the next H lottery window opens up

Ohio? Maybe consider a move to where demand for talent outstrips supply, and employees have more bargaining power

[aspire4usa]

Employee benefits have to be bargained for

Get an offer lined up from a H-cap-exempt employer (university, research institute) then threaten to quit if you don't get what you want

Or have your wife get a cap-exempt H job, so you have the flexibility to quit and chill on H-4 until the next H lottery window opens up

Ohio? Maybe consider a move to where demand for talent outstrips supply, and employees have more bargaining power

Thanks inadmissible.
1. However how can I identify who all are H-cap exemt reployers? Do I need to search any sites? Can an IT firm be a H-Cap exempt?
2. Someone suggested to look get find employer who can do labor certification for us? - Can this be possible to do on L1A?
Any more details will really help...

[scientist2016]

Thanks inadmissible.
1. However how can I identify who all are H-cap exemt reployers? Do I need to search any sites? Can an IT firm be a H-Cap exempt?
2. Someone suggested to look get find employer who can do labor certification for us? - Can this be possible to do on L1A?
Any more details will really help...

1) Typically non-profits, universities, etc., fall under the cap-exempt category. The reason to try this is you would be able to get a H1 (this cannot be transferred to a non-cap exempt position BTW), though the quota for this year has been exhausted. Or else you will have to try your luck with next year's lottery, and wait until to Oct 2018 to take up that position. Other than this, moving to a cap exempt H1 does not accomplish anything towards your GC. It will merely buy you time (see the latter half of the reply below).
2) L1A is not transferable. However, for an employer to be able to under go labor certification and apply for I140, you need not be employed with that employer. The I140 is for future employment. In other words, you can continue in your current position, find an employer willing to file the I140 for you after labor certification, and get them to do so. Once your I140 is approved, you can think of a job change, etc. The labor certification and subsequent steps would take 6-12 months. So by that time the new H1 quota would open up, and you can have more H1 options, etc., open.

[aspire4usa]

1) Typically non-profits, universities, etc., fall under the cap-exempt category. The reason to try this is you would be able to get a H1 (this cannot be transferred to a non-cap exempt position BTW), though the quota for this year has been exhausted. Or else you will have to try your luck with next year's lottery, and wait until to Oct 2018 to take up that position. Other than this, moving to a cap exempt H1 does not accomplish anything towards your GC. It will merely buy you time (see the latter half of the reply below).
2) L1A is not transferable. However, for an employer to be able to under go labor certification and apply for I140, you need not be employed with that employer. The I140 is for future employment. In other words, you can continue in your current position, find an employer willing to file the I140 for you after labor certification, and get them to do so. Once your I140 is approved, you can think of a job change, etc. The labor certification and subsequent steps would take 6-12 months. So by that time the new H1 quota would open up, and you can have more H1 options, etc., open.

Thanks a lot, this info is very helpful. Thus for For any future employer, can they file I140 w/out any visa? So for example - if I140 is done, do I still need to get H1 applied for? or I140 will be enough? And applying for H1 will just add more options, as I140 is tied to that employee?

[scientist2016]

Thanks a lot, this info is very helpful. Thus for For any future employer, can they file I140 w/out any visa? So for example - if I140 is done, do I still need to get H1 applied for? or I140 will be enough? And applying for H1 will just add more options, as I140 is tied to that employee?

I140 does not confer any status nor an authorization to work. So you would need some other way to confer a valid a status and an ability to work in the US. For instance, if you switch to H1, and have an approved I140 you could keep extending the H1 until your priority date becomes current and you can get your green card. You cannot do this on L1. So that's another advantage of H1. But as I said H1 for this yr. under the non-exempt quota is out of question. Your only chance that route is to wait for next year's lottery.