H1 petition getting approved from visa status L2 to H4.

Asked over 1 year ago - San Jose, CA

I am currently working and on l2 visa and my husband will be moving to H1 in April as he is getting a cap exempt from his previous petition. I have my employer who is ready to File my H1B this year.Can my petition still get approves as the staus will be H4 in next two months.

Attorney answers (2)

  1. J Charles Ferrari

    Contributor Level 20

    Answered . Whether an H-1B change of status is approved does not depend on the type of status you have. It depends on the facts of the case, and on whether or not you are maintaining valid status.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Tripti Sharad Sharma

    Contributor Level 19

    Answered . Your employer can seek change of status from H-4 to H-1B. However L-2 to H-4 is unlikely to be approved in 2 months unless your spouse's employer will be seeking premium processing of the H-1B petition (incl you H-4).

    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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