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I am on L2 visa working on EAD. My spouse L1 visa and I94 expires on Sep 29th 2012. I have EAD valid through April 2013 (given based on my spouse's previous I94 before he traveled to India in Sep 2011).
My spouse's company is applying for L1 blanket extension now. However considering the L1 success ration now, we are thinking to apply H1-B visas for both of us. One more thing to add, we both have applied for H1-Bs before in 2007 and never used them and we can go for cap exemption this year for H1-Bs.
Please clarify the below:
1. I am currently negotiating with my employer for H1-B options; cap exemption vs new petition this year. I don't have the original approval notice of H1-B petition which was applied in 2007, so in this case can i be cap exempted this year (I only have the EAC receipt #) or apply new petition (have very less time)
2. If my H1-B is approved and also my spouse L1 extension approved, can i continue to work on L2 EAD or do i have to move to H1-B status compulsorily? Please explain the two options of H1b approval, COS vs consular processing in my case and how does each affect if i want to continue on L2 EAD even after my H1-B approved.
3. As I have my EAD valid till Apr 2013 (I know i can only continue on EAD if my spouse L1 extension is approved), when can i apply for L2 EAD extension? Do i need to apply after L1 extension approved or am I good until Apr 2013 with the current EAD i have?
Thanks.
My spouse's company is applying for L1 blanket extension now. However considering the L1 success ration now, we are thinking to apply H1-B visas for both of us. One more thing to add, we both have applied for H1-Bs before in 2007 and never used them and we can go for cap exemption this year for H1-Bs.
Please clarify the below:
1. I am currently negotiating with my employer for H1-B options; cap exemption vs new petition this year. I don't have the original approval notice of H1-B petition which was applied in 2007, so in this case can i be cap exempted this year (I only have the EAC receipt #) or apply new petition (have very less time)
2. If my H1-B is approved and also my spouse L1 extension approved, can i continue to work on L2 EAD or do i have to move to H1-B status compulsorily? Please explain the two options of H1b approval, COS vs consular processing in my case and how does each affect if i want to continue on L2 EAD even after my H1-B approved.
3. As I have my EAD valid till Apr 2013 (I know i can only continue on EAD if my spouse L1 extension is approved), when can i apply for L2 EAD extension? Do i need to apply after L1 extension approved or am I good until Apr 2013 with the current EAD i have?
Thanks.
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