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H1 petition getting approved from visa status L2 to H4.

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.

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Attorney answers 2


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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