L2 EAD to H1B COS or fresh H1B , which is good option if I wanted to continue working

[coolstar]

Hello,

I have my L2 EAD getting over by Mar'17 and my employer is willing to file my COS H1B. Now here are questions
1. COS H1B gets filed in regular window of April 1st week or can be filed anytime? If anytime then can my employer file it immediately with premium?
2. If my employer files COS H1B then will able to continue work post Mar'17?

On the same time my spouse has filed L2 extension along with his L1 extension but that result very unlikely possible to come before March and it is impossible to get renewed EAD before March even if L2 gets approve.

Just wanted get advise what option I have to continue with my employer post Mar'17.

[coolstar]

Any advise from experts?

[raghvi]

Hello,

I have my L2 EAD getting over by Mar'17 and my employer is willing to file my COS H1B. Now here are questions
1. COS H1B gets filed in regular window of April 1st week or can be filed anytime? If anytime then can my employer file it immediately with premium?
2. If my employer files COS H1B then will able to continue work post Mar'17?

On the same time my spouse has filed L2 extension along with his L1 extension but that result very unlikely possible to come before March and it is impossible to get renewed EAD before March even if L2 gets approve.

Just wanted get advise what option I have to continue with my employer post Mar'17.

1. Cap will open only on April 1st week, and the earliest start date of cap subject H1 would be Oct 1st 2017.
2. No, unless your L2 Extension, and EAD gets approved which in turn needs L1 extension to be approved. Advisable to get L1 extension upgraded to premium.

Check the latest rules around EAD, maybe one can work on EAD with a pending EAD extension on file.

This is my opinion not legal advice.

[coolstar]

1. Cap will open only on April 1st week, and the earliest start date of cap subject H1 would be Oct 1st 2017.
2. No, unless your L2 Extension, and EAD gets approved which in turn needs L1 extension to be approved. Advisable to get L1 extension upgraded to premium.

Check the latest rules around EAD, maybe one can work on EAD with a pending EAD extension on file.

This is my opinion not legal advice.

Thanks Raghvi.
Seems like I don't have any option left than waiting for getting L2 approved first and getting renewed EAD. Is there any other VISA type which my employer can file so I can continue work? I don't want to lose my job. I got this job in USA only. My employer wanted me to continue as well.

[raghvi]

Thanks Raghvi.
Seems like I don't have any option left than waiting for getting L2 approved first and getting renewed EAD. Is there any other VISA type which my employer can file so I can continue work? I don't want to lose my job. I got this job in USA only. My employer wanted me to continue as well.

I cant think of any other option. Is the employer cap exempt (such as a university or research facility) ??

This is my opinion not legal advice.

[coolstar]

I cant think of any other option. Is the employer cap exempt (such as a university or research facility) ??

This is my opinion not legal advice.

Not sure about that. It is IT company. I am software engineer but they said they will file for conversion.

[raghvi]

Not sure about that. It is IT company. I am software engineer but they said they will file for conversion.

First thing, upgrade L1 extension to premium. Then apply for L2 extension and EAD renewal.

This is my opinion not legal advice.