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When should I change from L1 to H1?

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  • When should I change from L1 to H1?

    Hi,

    I tried to search through the forum to get answers to my specific queries, but I could not find it. Would be great if someone can help.

    Situation: I am currently on L1B - started in July 2015 (so it will max out in July 2020). My wife is working on L2 with EAD. My employer is willing to file for the green card under EB2 and/or H1B. I understand that green card will be a lengthy process; so at some point I need to convert to H1B. The suggestion I received is to convert to H1B this year (I know, there may be lottery) and then apply for green card after H1B approval. But then, my wife won't be able to work for at least 2-3 years since getting EAD on H4 is not straight-forward. Also, my green card application is also getting delayed.

    This is what I am planning: apply for green card now. Wait for PERM and I140 to be approved; and then apply for H1B. If I have a I140 approved, my wife's EAD on H4 should be easier (and quicker) to get.

    Would this work? More specifically:
    a) If I move from L1B to H1B, does an approved I140 get affected?
    b) How long does it realistically take to get the PERM and I140 approved (average case)?
    c) If I move from L1B to H1B after having an I140 approved (so my wife would convert from L2 to H4), can she apply for a new EAD immediately? Any idea how much would be the waiting time?
    d) Is there anything that I would lose by delaying my H1B application?

    If you find any ridiculous assumption in my plan, please let me know. I am finding it very hard to get my head around all the relevant information.

    Many thanks in advance.

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