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Time Limit for L2 to H4 Status Change

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  • Time Limit for L2 to H4 Status Change

    I work for Company A through L1B VISA.
    My H1B petition got picked up lately and approved on Oct-23-2015
    I am converted to H1 employee on Oct 23-2015.
    My spouse was on L2.
    Employer forgot to apply for L2 to H4 status conversion .
    My query is once after H1B petition is approved , what is the time frame (time limit) with in which L2 to H4 status change has to filed.
    Please let me know.
    Thanks

  • #2
    She is out of status.
    This is not a legal advice. Use at your own risk.

    Comment


    • #3
      You cannot file a COS from L2 to H4 now since she is already out of status on L2. When a person is out of status, a COS is not possible. The best option for her now is to leave the country, get the H4 stamped and return back.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        Originally posted by shervin143 View Post
        You cannot file a COS from L2 to H4 now since she is already out of status on L2. When a person is out of status, a COS is not possible. The best option for her now is to leave the country, get the H4 stamped and return back.
        Please let me know legal implications because of this issue in future VISA/ Stamping processing

        Comment


        • #5
          Being out of status can cause issues with future petitions filed with USCIS or while attending the visa interview. So it is advisable to keep the out of status to be as minimum as possible if you could not avoid it.

          Originally posted by ramcsekhar View Post
          Please let me know legal implications because of this issue in future VISA/ Stamping processing
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Originally posted by shervin143 View Post
            Being out of status can cause issues with future petitions filed with USCIS or while attending the visa interview. So it is advisable to keep the out of status to be as minimum as possible if you could not avoid it.

            Thanks for your response , booked tickets this week ed for return journey.

            Comment


            • #7
              Please let now what all documents that i have to get from Attorney and organization To explain overstay.

              Comment


              • #8
                L2 has actually nothing to do with your employer. It is your responsibility to file L2 at the right time. A letter mentioning that the employer by mistake did not file L2 to h4 COS wile filing L1 to H1B for you help. But it is up to the VO to decide.

                Originally posted by ramcsekhar View Post
                Please let now what all documents that i have to get from Attorney and organization To explain overstay.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Same situlation. please let me know what happened in your case?

                  Originally posted by ramcsekhar View Post
                  I work for Company A through L1B VISA.
                  My H1B petition got picked up lately and approved on Oct-23-2015
                  I am converted to H1 employee on Oct 23-2015.
                  My spouse was on L2.
                  Employer forgot to apply for L2 to H4 status conversion .
                  My query is once after H1B petition is approved , what is the time frame (time limit) with in which L2 to H4 status change has to filed.
                  Please let me know.
                  Thanks
                  Hi Sekhar, I am in the same situation, what happened in your case,did your wife get the COS from US or she had to go to India to get the H4 ?
                  Your response will greatly help. Thanks

                  Comment


                  • #10
                    Same situation. Please let me know what happened in your case ?

                    Hi Sekhar, I am in the same situation, what happened in your case,did your wife get the COS from US or she had to go to India to get the H4 ?
                    Your response will greatly help. Thanks

                    Did you get COS for your wife in US or Did you take any extra documents for visa stamping ?

                    Comment


                    • #11
                      I am in the same situation.

                      Originally posted by goldenpalms View Post
                      Hi Sekhar, I am in the same situation, what happened in your case,did your wife get the COS from US or she had to go to India to get the H4 ?
                      Your response will greatly help. Thanks
                      Can you let me know what happened in your wife's case ? What extra documents did you take for visa stamping ?

                      Highly appreciate your response.

                      Comment


                      • #12
                        I am in the same situation.

                        Originally posted by goldenpalms View Post
                        Hi Sekhar, I am in the same situation, what happened in your case,did your wife get the COS from US or she had to go to India to get the H4 ?
                        Your response will greatly help. Thanks
                        Can you let me know what happen in your wife's case ? What extra documents did you take for stamping ?
                        Highly appreciate your response.

                        Comment


                        • #13
                          I went for visa stamping in Mumbai Consulate

                          This is help other people in the same situation.
                          There were no questions asked about out of status situation for my wife. Our visa got approved with 2-3 general questions.

                          Comment


                          • #14
                            Originally posted by ndnd View Post
                            I went for visa stamping in Mumbai Consulate

                            This is help other people in the same situation.
                            There were no questions asked about out of status situation for my wife. Our visa got approved with 2-3 general questions.
                            HI,

                            Thanks for the information,
                            I am in the same situation, i need your help here , What should be the right answer for Overstay or unlawful stay field of Security and Background check in DS-160 form.
                            Your response is much appriciated . Kindly reply.


                            Regards,
                            venkat.

                            Comment

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