l1 to h1 transfer process

[kumarrp]

I am currently in US on L1.
I have an H1-B with a previous company which I never used and is expired now.
I also have GC filed and i-140 approved.
I am planning to switch my company. I have 2 years left in the total of 6 years visa duration.
My wife is currently on L2 but I want to move her to a student visa rather than H-4 as she is doing MS here.
What is the fastest and best way to do this?

[kabkaba]

Your new employer should file a cap-exempt H1B petition with premium processing. After it is approved with change of status, you can and must begin working for them.

At the same time, your wife should file I-539 to change her status from L2 to F1. There is no premium processing for that. If you want the fastest way, she will have to leave the US, obtain F1 Visa and return. But there is a chance of denial in F1 Visa application because of immigrant intent. But, even after change of status when she leaves the US she will have to obtain F1 Visa anyway.