Need urgent help for L2 to H1B

[narayanonly]

Hi Everyone,

My wife is in US on L1B visa. I have L2 dependent visa and planning to go to US soon.

Could any one please verify below my queries and give me your valuable inputs.Appreciate any guidance on the matter. Thanks in advance

1. Can I get my visa converted from L2 to H1b without going out of US. If yes, which form do I have to fill and How much time does it take for status change?

2. Can I change my status from L2 to H1B with out apply/getting EAD? If Yes, Do I have to wait till April 1st to file the petition?

3. I have valid H1B petition till 2014 but I haven't attened the personal appearnce interview yet. If any employer ready to offer H1B to me, Am I use this petition with out subject to the current cap and with out apply L2 EAD?

Thanks,
Rao

[kabkaba]

Hi Everyone,

My wife is in US on L1B visa. I have L2 dependent visa and planning to go to US soon.

Could any one please verify below my queries and give me your valuable inputs.Appreciate any guidance on the matter. Thanks in advance

1. Can I get my visa converted from L2 to H1b without going out of US. If yes, which form do I have to fill and How much time does it take for status change?

You don't need to fill any form. Your employer will file an H1 petition for you and they will select appropriate check boxes to change your status within the US.

2. Can I change my status from L2 to H1B with out apply/getting EAD? If Yes, Do I have to wait till April 1st to file the petition?

EAD and H1 are completely unrelated. If you have never had an H1 before, you must wait until the Oct 1 start date to start working. Petitions for Oct 1 start date can be filed on or after Apr 1. If in the meanwhile you have an L2 based EAD, you can start working earlier.

3. I have valid H1B petition till 2014 but I haven't attened the personal appearnce interview yet. If any employer ready to offer H1B to me, Am I use this petition with out subject to the current cap and with out apply L2 EAD?

That changes the above answer. Yes, that makes you eligible for cap-exemption. Another employer can file cap-exempt petition for you at any time and with immediate start date. However, you cannnot begin working until the petition gets approved with change of status and once it gets approved with change of status, you must begin working to maintain H1 status.


Thanks,
Rao

See above.

[narayanonly]

Kabkaba, Thank you very much for your prompt response.

[sub1976]

Kabkaba - A question on similar lines of cap exemption. I had a H1 B visa approved in 2003. I have never used it. It is expired and "Cancelled without prejudice" by US embassy.

If i apply for H1B this April. Do I need to wait till Oct 2011 or will I be cap exempted based on non-usage on H1B in 2003?

This may be irrelavent but i was on L1B status from 2009 to 2010 in US . Currently I am on L2-EAD. Not sure if this information changes your answer on cap exemption for me.

[kabkaba]

Kabkaba - A question on similar lines of cap exemption. I had a H1 B visa approved in 2003. I have never used it. It is expired and "Cancelled without prejudice" by US embassy.

If i apply for H1B this April. Do I need to wait till Oct 2011 or will I be cap exempted based on non-usage on H1B in 2003?

This may be irrelavent but i was on L1B status from 2009 to 2010 in US . Currently I am on L2-EAD. Not sure if this information changes your answer on cap exemption for me.

With current USCIS interpretation, you can qualify for cap-exemption only if the previous H1 petition was within the last 6 years, which is not the case with you. So you will be subject to cap.
Also, all the time that you spent in the US in L1 status will count towards the 6 year limit on H1, unless you have spent 1 year outside of US after that L1 stay.

[sub1976]

With current USCIS interpretation, you can qualify for cap-exemption only if the previous H1 petition was within the last 6 years, which is not the case with you. So you will be subject to cap.
Also, all the time that you spent in the US in L1 status will count towards the 6 year limit on H1, unless you have spent 1 year outside of US after that L1 stay.

Thanks Kabkaba

[narayanonly]

Hi kabkaba,

Thank you once again for your time and answers. I have few questions as follows

1. How much time does it take to approve the petition if I file a change of status(COS) from L2 to H1B?(I have L2 dependent visa and planning to go to US next month).

2. Do I need to wait for EAD to file the COS for H1B? (I have valid H1B petition till 2014).

Please provide me your valuable suggestions.

Thanks,
Rao

[kabkaba]

Hi kabkaba,

Thank you once again for your time and answers. I have few questions as follows

1. How much time does it take to approve the petition if I file a change of status(COS) from L2 to H1B?(I have L2 dependent visa and planning to go to US next month).
15 days in premium, 2 to 3 months in regular.

2. Do I need to wait for EAD to file the COS for H1B? (I have valid H1B petition till 2014).
You don't need to wait for EAD. What do you mean your have H1B petition, why not just apply for H1 Visa and travel with H1B petition then?

Please provide me your valuable suggestions.

Thanks,
Rao

See above.

[narayanonly]

Thanks kabkaba,

about your 2nd answer, you mean do you want me to apply fresh H1B with my valid petition this year(April 1st quota) If yes I have to look up to search the genuine consultancy to file my petition correct.

[kabkaba]

Do you want to work for the employer who filed your H1 petition?
If yes, apply for H1 Visa using this petition and travel to US using this H1 Visa to start working.

If no, that means you want to work for a different employer. In that case, the new employer will have to file an H1 petition for you. This petition will not be subject to annual cap. If you are present in the US at the time this petition is filed (on L2 Visa), the petition will include change of status. EAD does not matter to this change of status.
However, in order to begin working for this different employer you need either EAD approval or H1B change of status approval.

[narayanonly]

Thanks kabkaba,

Actually my visa was filed by known consultancy from US. Due to some reasons I couldn't attend the PA interview so It got expired on Oct 2011.

I spoke to consultancy person last week,he said if you want to file the new petition with existing one first you have to come to US on L2,apply EAD, get the job, after that we will get the client letter those who are ready to file a H1 for me. Based on that letter only we will file a new petition with existng one for you.

Seems it may take another 5-6 months to the change the status from L2 to H1.

Is there any other way to change the status with in lesstime.Please let me know.

Please provide me your valuable suggestions.

[kabkaba]

Your consulting employer is not willing to file for you immediately because they don't want to pay you on bench. On L2 status you can remain unemployed and they don't have to have pay you. Also, for consulting company petitions, client letter is needed. So your employer's advice is correct.
The only other option is to find a direct employment with a US company and they can file H1 for you directly. The H1 will be cap-exempt irrespective of which employer files it.
Beware of consulting companies. Some of them have fraudulent practices. Don't pay for your H1 and make sure you get paid according to LCA once your status changes to H1.

[issac1977]

Need urgent help for L2 to H1B

The only other option is to find a direct employment with a US company and they can file H1 for you directly. The H1 will be cap-exempt irrespective of which employer files it.

Can you be please elaborate more on above statement?
Does it mean, if I find fulltime position (direct employment) with any US based company, I understand that, I can start work immediately with my EAD and L2. However, if that company is ready to apply H1B for me. Am I eligible for H1B cap exempt? Please help.

[kabkaba]

Can you be please elaborate more on above statement?
Does it mean, if I find fulltime position (direct employment) with any US based company, I understand that, I can start work immediately with my EAD and L2. However, if that company is ready to apply H1B for me. Am I eligible for H1B cap exempt? Please help.

Cap exemption is available only if you have had an H1 petition approved for you within the last 6 years.