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How long L1 employee can take a break from employment and stay in US.

New York, NY |

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

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Attorney answers 3


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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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.



Thanks for the quick reply.. Can I apply for L1 to H4 status change and stay in break while waiting for approval from USCIS.. How long does it take for status change?


You must change your status to H-4. You can file for a change of status without leaving the US and applying for an H-4 visa if you apply for the change while you are still in L status.


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.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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