L2 EAD to H1 cap exempt

[neha2508]

Hi,

I am on L1B visa in USA and my husband is on L2. If he applies for EAD, then is it possible that any employer in US can file his H1B visa which will be cap exempt (as the caps are already over this year.). He is regularly getting a call from an employer who told him that if a person has L2+ EAD, then his H1 will be cap exempt but we are not sure.

Please consider this as urgent and clarify soon.

[raghvi]

H1 cap is over. Though your husband cannot get H1 this year, he can work for any employer using his EAD. L2 can work if they have an EAD. This is my opinion not legal advice.

[neha2508]

This is correct that he can work for any employer using his EAD but my question is , if he applies for H1 after getting his EAD, then will his H1 be counted under H1 cap 2013 or not? Will his status directly change from L2+EAD to H1 without any consideration of cap count 2013

[shervin143]

Every H1B is considered under CAP. It doesn't matter whether you are filing H1B as a COS from L2/EAD or from any other status or from outside U.S. In order to file a fresh H1B, the CAP should remain open.

This is correct that he can work for any employer using his EAD but my question is , if he applies for H1 after getting his EAD, then will his H1 be counted under H1 cap 2013 or not? Will his status directly change from L2+EAD to H1 without any consideration of cap count 2013

[neha2508]

So does it mean that after getting L2+EAD, if my husband goes on H4, his EAD status will be lost????

[raghvi]

He will go onto H4 only if you go to H1, and if he is on H4 status he cannot be on L2 status, and cannot work on his EAD. This is my opinion,, not legal advice.

[shervin143]

There is no EAD for H4. Your husband cannot work if he is in H4 status. He can work in L2 EAD only if you are maintaining your L1 status and his L1 I-94 and EAD are valid.

So does it mean that after getting L2+EAD, if my husband goes on H4, his EAD status will be lost????

[neha2508]

Thanks for your replies. I have one more query. If i go from L1B to H1 while i am in USA, i.e., i just have my petition extended and dont have any stamping, and if my spouse is out of States, then, should he go for H4 visa stamping there? Also are there any chances for his H4 stamping rejection?

[mrcoolbuddy]

Yes, he has to go for H4 stamping.
No, if you have all the paperwork for the interview, he can get H4 visa.

[neha2508]

regarding H4

Hi,

Need some suggestions as to what my spouse should do if i get onto H1 and he on H4. We have also not applied for his EAD as by the time he would have got his EAD his status will change to H4. Now we are facing issues like how will he get onto work here in US. He can apply for H1 next year only when cap window opens and work only after Oct'2013. Now he dont have anything to do and not able to do his time pass. The only option we are thinking of is he can go back to india and search for a job there and visit US only on H4 if he dont get any problem with H4 stamping.

Please suggest any way we can walk on to.

[rvisak]

Hi,

Need some suggestions as to what my spouse should do if i get onto H1 and he on H4. We have also not applied for his EAD as by the time he would have got his EAD his status will change to H4. Now we are facing issues like how will he get onto work here in US. He can apply for H1 next year only when cap window opens and work only after Oct'2013. Now he dont have anything to do and not able to do his time pass. The only option we are thinking of is he can go back to india and search for a job there and visit US only on H4 if he dont get any problem with H4 stamping.

Please suggest any way we can walk on to.

There is no way he can work on a H4. He will have to wait till next year for an employer to file a H1 for him. If he has to work the only option is for him to go out of US , work in your home country and visit the US on a H4 with the valid H4 stamped

[neha2508]

H1b for non profit organisation

hi,

Is there any option he can try with non profit organisation to get h1b. I heard that they provide h1b sponsorship anytime during the year.can you tell us ways we can go for?Also, do they also require any quota? And any pros and cons for this?

[raghvi]

hi,

Is there any option he can try with non profit organisation to get h1b. I heard that they provide h1b sponsorship anytime during the year.can you tell us ways we can go for?Also, do they also require any quota? And any pros and cons for this?

There are very limited organization which belong to the Non-profit category. Also, its not easy getting a sponsorship from them , also, in most likelihood there would not be a salary associated with working for a non-profit org, as it would be considered voluntary service. Last but not the least if at any time your spouse decides to move from non-profit org to a profit based one at a later point he would again be subject to cap. Its best to consult a good immigration attorney to decide your future course of action.

[neha2508]

Hi

Hi,

We were thinking out for the options my spouse could opt for. We even thought of MS but we are not sure how easy it would be if he come on F1 visa from india to do MS in USA or should he go for MS while staying here in USA. Please suggest which would be better for him would cost us less.

thanks,