I am currently in L1 visa working in NY and planning to take a long break and stay with my husband as we are expecting a baby. My husband is in H1b visa and working here. Can I take a break in L1 visa possibly for six months and stay in US. Or should I need to change my visa to H4? If changing to H4, should I need to go out of country to get stamping? please advise
You need to change your status to H-4.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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Under the circumstances as you list them here, the best option for you is to change your status to H-4 by using Form I-539.
Once you file for the COS you will be able to legally remain and give birth in the US. If, however, you will want to go out of the country during either the pendency of the COS application or after having received it, you will need to then undergo consular H-4 visa processing abroad.
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