L2 EAD to H1 cap exempt

[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]

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,

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,