EB2 GC on L1 visa

[ibanez]

Hi,
I am an Indian on L1 visa and working in US currently. My company had initiated my GC process recently. Below are my questions

1. Since I can?t stay in US indefinitely in L1, I need to move to H1 during some point of time as GC will take long time. In that case, the h1 will be cap exempt or I need to go through h1 lottery? I read somewhere that with approved I-140, h1b will be cap exempt.
2. My wife is currently working in L2 EAD. If I move to h1 after my I- 140 is approved, can she immediately move to H4 EAD to continue working without any gap
3. What happens if my l1 extensions get rejected before or after I-140 approval?

[scientist2016]

Hi,
I am an Indian on L1 visa and working in US currently. My company had initiated my GC process recently. Below are my questions

1. Since I can?t stay in US indefinitely in L1, I need to move to H1 during some point of time as GC will take long time. In that case, the h1 will be cap exempt or I need to go through h1 lottery? I read somewhere that with approved I-140, h1b will be cap exempt.
2. My wife is currently working in L2 EAD. If I move to h1 after my I- 140 is approved, can she immediately move to H4 EAD to continue working without any gap
3. What happens if my l1 extensions get rejected before or after I-140 approval?

1. No. The extensions will be cap exempt, but not the initial H1. You will have to go through the lottery.
2. She will apply for H4 EAD. But there will be a gap in her employment since getting the EAD will take a few months, and she cannot work during the gap. Once you switch over to H1, her L2 status (and hence her EAD) would be void.
3. I think you meant to ask about H1 extensions. If your H1 extension gets rejected, then you will have to leave the country when the existing H1 expires, but that has no bearing on your GC processing. GC and H1 are unrelated issues.