L2 EAD to H1(COS)

[samattar]

Hi all,
Need Your inputs on this
I am working on L2EAD .Can I go for change of status from L2EAD to H1(OOC).
If yes, can H1 OOC be filed from USA or it has to be done from India only.
any idea on the timelines to get it.

Regards,
Sam

[raghvi]

Hi all,
Need Your inputs on this
I am working on L2EAD .Can I go for change of status from L2EAD to H1(OOC).
If yes, can H1 OOC be filed from USA or it has to be done from India only.
any idea on the timelines to get it.

Regards,
Sam

Do you have a previous H1 petition filed in last 6 Years or you planning to go with cap exempt non profit H1 employers?

[samattar]

Do you have a previous H1 petition filed in last 6 Years or you planning to go with cap exempt non profit H1 employers?

Hi Raghvi,

Thanks for your reply.

I do not have filed petition in last 6 years.
My original H1 B petition was approved in 2010 and expired in 2013 as I couldn't travel.
So I am looking for if I can opt for H1 OOC from USA.

Thanks,
Sam

[raghvi]

Hi Raghvi,

Thanks for your reply.

I do not have filed petition in last 6 years.
My original H1 B petition was approved in 2010 and expired in 2013 as I couldn't travel.
So I am looking for if I can opt for H1 OOC from USA.

Thanks,
Sam

As your original H1 was filed over 6 Years back and you were not in H1 status in past 6 Years, I do not think you can claim H1 cap exemption.

This is my opinion not legal advice.