Wife can work on EAD(L2), when Primary L1 visa Expired

[swamsur]

Dear Sir/Madam,

I am going to complete total 5yrs stay in US on L1-B Visa. I have the following question

Can i apply for L1-A or H1-B Visa?
Do I need to go back to India before 5yrs period?

And also, My wife is in L2 Visa and has EAD. Her I-94 is getting expired on 2010 (extra one Year). Can she stay back and work without me?

Please advise.

Thanks.

[txh1b]

L2 cannot stay after L1 expires. You could try L1A or H1b.

[swamsur]

Can i apply L1A imm after 5yrs Stay

Sir,

Can i apply L1A or H1B immediately after complete 5yrs of Stay in L1B visa?


Do i need to stay outside US for 365days before applying for L1A or H1B?


Can i apply H1B this year and come back after 365days? Is it acceptable?

Thanks

[txh1b]

You have to qualify for a L1A to be able to go for it. You simply cannot go for it.

L1+H1 = 6 years.

Read more about L1 and H1 on immihelp.

https://www.immihelp.com/usa-visas/l1/

If ou completed 5 years on L1 and already have a H1b, you can stay for a total of 6 years working on the H1b.

If the 5 years passed, you need to be out for 1 year before you qualify for another 5/6 year term on L1/H1.