L2 EAD to H1B Conversion(change of Status)


My wife is working on L2-EAD as a full time employee in US. As my L1B is getting expiring on Dec 30th 2013. I am planning to get my H1B. Once my petition gets approved my wife will loose her status i.e., L2-EAD and has to move to H4.

To avoid this, I am also planning to initiate my wife’s H1B, but here the concern is the employer where my wife is working on Full time basis, their company rule is they dont intitiate either H1B or GC once employee completes 6 months.

Here my question,

  1. if I initiate my Wife’s H1B from some consultancy, is she able to transfer her H1B to her employer with out any hassel

  2. Is she has to definately work alteast one/two months for the consultancy, who initiated her H1b.

I am in big confusion and If any one has any prev experiences like this, please help me.

Any pointers, greatly received

  1. Once approved, her current employer can file for a cap-exempt petition. She can then work for her current employer on the basis of that H-1 petition. The chances of success depends upon individual’s case. In this case, the biggest risk is w/ the consulting company (I assume her current L-2 employer is a big US firm) as lot of times those petitions run into issues.

  2. Not required. If her H-1 gets approved prior to Oct 1 w/ COS, then current employer can file for cap-exempt petition (aka H-1 transfer) and she can join them from Oct 1 on the basis of transfer receipt. However, if her H-1 gets approved w/ COS and it’s already past Oct 1 and the L-2 employer hasn’t filed for her petition yet, then she needs to start working for the H-1 employer.

In other words, she needs to start working on H-1 from COS effective date (Oct 1 or later). This can be for the L-2 employer but only if they have filed H-1 transfer for you; in all other scenarios, it will be for her H-1 filing employer.