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L1B to Green card through EB2

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  • L1B to Green card through EB2

    I am currently on L1B visa and my wife is working on L2 EAD. My company is planning to apply for green card in EB2 category. They recommended me to switch to H1B visa during the process as I could get extensions on H1B if my green card application is in process.

    I would like my wife to have the ability to work in the US. As she is currently having an EAD on L2, she will require a new EAD on H4. I wanted to get clarification on what is the best option for me in this process. I am stating below my understanding and hoping that some senior member would help me clarifying if these are the right steps:

    1. Labor certification/ PERM
    2. Form I-140 approval
    3. Change of status from L1B to H1B. For my wife, change of status from L2 to H4.

    At step 3, since we have got an approved I-140, my wife could apply for a new EAD on H4.

    My company is planning for H1B application on the coming cycle (March/ April 2017). If I got approved in the 'lottery', and have not received approval on I-140 by then, does it mean my wife could not work till we get approval on I-140 and her new EAD application is approved?

    On a separate note, I also have Australia PR which will get expired in March 2020. I am also in dilemma to wait for 10 years for my US green card or just go to Australia and search work there. Any suggestions will be much appreciated.

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