Immigration Issues/L2 EAD to H1B

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Question
Hi Mr Arora, My wife is in US from Mar 2008 in L2 visa. She got her L2 EAD in Jul 2008 and started working. In 2010 she applied for H1B and she got it for 3 years (validity from Oct 1st 2010 - Sep 30th 2013). My concern is
Her H1 6 year cap is counting from Mar 2008 or Oct 2010?
And if it is Mar 2008 then in her next H1 renewal she will get upto 2014 or 2016 (means 2010 + 6 years)?

Answer
Hi,

Time spent in L2 status does not count towards the maximum 5 or 7 years allowed in L1B or L1A status. Similarly, time spent in H4 status does not count towards the 6 year limit for H1B. However, the USCIS has not clarified if time spent in L2 is counted towards the 6 year limit for H1B.

I cannot state with confidence that your wife will receive H1B extension until 2014 or 2016 since the USCIS has not directly addressed this issue. The following guidance from the USCIS is helpful, but again does not answer your specific question: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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