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

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

New York, NY -

Attorney Answers (3)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA
Answered

You need to change your status to H-4.

Please click the link below for additional information.

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Carl Shusterman, Esq.
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
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Christian Schmidt

Christian Schmidt

Immigration Attorney - San Francisco, CA
Answered

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.

Giacomo Jacques Behar

Giacomo Jacques Behar

Immigration Attorney - San Diego, CA
Answered

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... more

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