L2 Visa to H1 conversion and applying H4 parallely, is it OK ??

Asked 6 months ago - Bloomington, IL

Hello Everyone!
Here is my Situation,

Me and my husband are on L1, L2 visa from his company A.
I work for company B.
This year both our companies have agreed to file our H1's.
My husbands company is advising to apply H4 for dependents or else once my husband gets H1 status, I will be out of status if my H1 visa is not approved.
My concern is:
1) Is there a way to file H1 and H4 at the same time?
2)Can I withdraw my H4 petition once my H1 is approved??
3)if i apply only H1 and my H1 is not approved, do I need to leave the country and apply h4 ??
Please reply.

Thanks in Advance!

Attorney answers (3)

  1. Alexander M. Ivakhnenko

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . You sound like a very valuable asset which American company B chose to sponsor, therefore, kindly direct all your immigration collateral issues to its attentive immigration counsel for clarifying your important objectives for you.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  2. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . 1. Yes
    2. Not a wise plan, talk to your company's immigration LAWYER and not some non-attorney in HR
    3. Perhaps, talk to your company's immigration attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Ajay Kumar Arora

    Contributor Level 19

    3

    Lawyers agree

    1

    Answered . An example best serves your question. If the H1B petition is selected, it will have an effective validity date no earlier than October 01, 2014, assuming that it is subject to the visa cap. Thus, hypothetically if your husband's H1B petition is selected within the visa cap with an employment start date of Oct. 01, and he maintains L1 and you maintain L2 status until Oct. 01, then your application to change status to H4 can be filed anytime prior to Oct. 01 (if your H1B petition is not selected within the visa cap).

    The strategy of filing H1B/H4 at the same time and then withdrawing the H4 is too convoluted and can lead to problems.

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