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L2 to H1 Vs H4 to H1 - Which is better?

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  • L2 to H1 Vs H4 to H1 - Which is better?

    Right now I am working in US in L1b visa and my wife is not working and she is currently in L2.

    I'm applying for H1 this year. So by Oct this year my status will be changed to H1. I have the following questions:

    1. Once I get my H1 visa, should my wife's status be changed to H4 immediately or she can be in L2 and work in future?

    2. My wife is planning to work in future. Is it better to do L2 to H1 now or H4 to H1 later once I get my H1 approved? which is better?

    3. Once I apply for H1 by Apr, can I visit India come back after Oct or should I come back to US before Oct? I heard that there may be some issues if we get the H1 stamping at India.

    Please clarify the doubts. Thanks in advance.

  • #2
    Originally posted by neptunecbe View Post
    Right now I am working in US in L1b visa and my wife is not working and she is currently in L2.

    I'm applying for H1 this year. So by Oct this year my status will be changed to H1. I have the following questions:

    1. Once I get my H1 visa, should my wife's status be changed to H4 immediately or she can be in L2 and work in future? -- She must change her status to H4 by filing I-539. (Your employer may do this on her behalf along with the H1 petition)

    2. My wife is planning to work in future. Is it better to do L2 to H1 now or H4 to H1 later once I get my H1 approved? which is better? -- If she has a prospective employer, they will have to file H1 petition for her. She will not be able to work after her status changes to H4 and H1 cap may not remain open for a long time.

    3. Once I apply for H1 by Apr, can I visit India come back after Oct or should I come back to US before Oct? I heard that there may be some issues if we get the H1 stamping at India. -- It is not advisable to travel during that period. In order to return after Oct 1, you will need H1 Visa.

    Please clarify the doubts. Thanks in advance.
    See above.
    This is my opinion and not legal advice.

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