Can I convert L1 to H4 if my spouse's visa is in transferring

Asked 7 months ago - Bentonville, AR

I would like to convert my L1 visa to H4 now because my project was ended. But my husband may change the company in a few weeks, so his H1 will be transferred. So will it impact the COS to be approved?

Attorney answers (3)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Answered . Yes, I would consider waiting until your husband is firmly settled with a new employer. For you to be able to change status to H-4 you'll need to prove your husband is in valid H-1B status, with either his present or future employer.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  2. Ajay Kumar Arora

    Contributor Level 19

    1

    Lawyer agrees

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    Answered . Some of the supporting documentation required for change of status to L2 includes copy of the principal spouse's current H1B approval notice and, if applicable, receipt notice for pending H1B transfer petition along with evidence of having maintained status such as recent pay stubs and W2's if applicable. If a receipt notice for the H1B transfer petition is attached, esp. if accompanied by recent pay stubs from the new employer, the USCIS may elect to wait to approve the change of status application to H4 until a decision has been made on the principal spouse's pending H1B transfer petition.

    Thus, I agree with my colleague that it may be best to wait to file, but do not wait if your L1 employment is about to be terminated. Please consult with an immigration attorney.

  3. Tripti Sharad Sharma

    Contributor Level 19

    Answered . You can COS to H-4 either along with the H-1B filing, while it is pending or after it is approved. You cannot do so if your husband is in L-1 status and the H-1B petition will be filed in the future.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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