L1B and L2 couple want to stay in USA

[kyle.lkl]

My wife is holding L1B, expiring in Oct 2019. I am having L2 with EAD, started to work in the U.S. since Oct 2015. EAD expiring in Oct 2019 too. Now my wife's company is calling her back to our home country (Hong Kong) in end of 2018 but both of us want to stay and work in the U.S. for longer time, or even get a Green Card. Her company will not help to apply Green Card. Questions:

1, Could my wife apply for the Green Card on her own without asking her company to help? If yes, could we still stay in here even though her L1B expired while waiting for the approval of GC?

2, If my wife ask her company for no pay leave (i.e. reserve the position in her company) at the time her company call her back to our home, could we stay in the U.S. until L1B expired? And could I continue to work?

3, If my wife resign when her company call her back to home, the only way we could stay here is to get a H1B for me and H4 for her? And my wife would not be able to do any kind of work until she could get a sponsor company for H1B application and get approved?

4, If I successfully got H1B in coming Oct 2018, could I change job immediately or at any time? Have to file H1B change of employer? Is this filing window opens once a year on 1 Apr?

[Libra_14]

1, Could my wife apply for the Green Card on her own without asking her company to help? If yes, could we still stay in here even though her L1B expired while waiting for the approval of GC?

No, You cannot sponsor GC for yourself - only your company can.

2, If my wife ask her company for no pay leave (i.e. reserve the position in her company) at the time her company call her back to our home, could we stay in the U.S. until L1B expired? And could I continue to work?

Yes - if the company allow her to stay on leave without pay & continue to do rest of the paper work (w2 etc).

3, If my wife resign when her company call her back to home, the only way we could stay here is to get a H1B for me and H4 for her? And my wife would not be able to do any kind of work until she could get a sponsor company for H1B application and get approved?

Yes & Yes.

4, If I successfully got H1B in coming Oct 2018, could I change job immediately or at any time? Have to file H1B change of employer? Is this filing window opens once a year on 1 Apr?

H1B transfer can be done anytime during the year. New H1 can only be done once in a year.

[kyle.lkl]

No, You cannot sponsor GC for yourself - only your company can.


Yes - if the company allow her to stay on leave without pay & continue to do rest of the paper work (w2 etc).


Yes & Yes.

H1B transfer can be done anytime during the year. New H1 can only be done once in a year.

Thanks. Follow up questions:
1, If my company sponsored me for GC, I could keep working as long as I have a valid L2 in hand? Any grace period if my L2 expired?
2, From https://travel.state.gov/content/tri...uary-2018.html, is Hong Kong categorized to "mainland born"? If not, how fast I would get the GC?

[Libra_14]

1, If my company sponsored me for GC, I could keep working as long as I have a valid L2 in hand? Any grace period if my L2 expired?

Yes you can continue working as long as you are legally staying here on your L2.
If the L2 expires, you'll need to leave the country before I94 expiry (which will be same or earlier of L2).
If you apply for GC before your L2 expires, you can continue staying legally in USA on L2 visa until you get a response (positive or negative).

2, From https://travel.state.gov/content/tri...uary-2018.html, is Hong Kong categorized to "mainland born"? If not, how fast I would get the GC?

in EB1 category - usually it takes approx an year.

[inadmissible]

is Hong Kong categorized to "mainland born"?

No.