L2 EAD and GC

[din132]

I am in L1A visa which ends by Nov'19 and hence my husband's L2 visa. My employer has not initiated my GC yet. Even if it happens, it may be in Apr'19.

My husband works in L2 EAD for different employer and they are ready to file his GC - mostly in EB2.

1. Can my husband's employer file GC, even though he is in my dependent visa?
2. If my husband's GC application (I-140) is approved, what options are there for us to continue here in US beyond our L1 visa max out time?
3. Can we stay here beyond 7 years time or either one of us should reach I-485 EAD stage? or we need to move out of country until we reach I-485 stage?
4. If EB1 India PD moves by 3 months in every month visa bulletin, can EB1 PD becomes current before we reach our max out time so that we can file 485 and get EAD/AP for our job continuity here?

Experts, pls share your view as we need to make decision for returning back if there are no options.

Thanks.

[Libra_14]

1. Can my husband's employer file GC, even though he is in my dependent visa?

Yes they can.

2. If my husband's GC application (I-140) is approved, what options are there for us to continue here in US beyond our L1 visa max out time?

Under EB2, your husband's 140 will take sometime & after that he can apply for H1 & you can become his dependent.

3. Can we stay here beyond 7 years time or either one of us should reach I-485 EAD stage? or we need to move out of country until we reach I-485 stage?

You can switch to H1 & continue to stay.

4. If EB1 India PD moves by 3 months in every month visa bulletin, can EB1 PD becomes current before we reach our max out time so that we can file 485 and get EAD/AP for our job continuity here?

Yes, chances are there.

[din132]

Under EB2, your husband's 140 will take sometime & after that he can apply for H1 & you can become his dependent.

Will this H1 will be based on lottery? will it be cap exempt based on 1-140 approval? Am I allowed to get new H1 just based on I-140 alone?

Note: currently i am in L2 visa.

[appuchan]

H1 will be based on lottery if you did not have any approved H1 visa earlier. I-140 and H1 visa are independent, each requires its own sponsorship and justification.

[Libra_14]

H1 will be based on lottery if you did not have any approved H1 visa earlier. I-140 and H1 visa are independent, each requires its own sponsorship and justification.

Agree.