L2 to H4

[Deepak Devadasan]

I have L1b visa since July 2012 and expiring on June 2016. My wife and kids are in L2.
If i get H1B visa will my families L2 will change automatically to H4 or should i have to pay for it and change their visa to H4.


Or do they have to go back to india.

Regards,
Deepak

[raghvi]

I have L1b visa since July 2012 and expiring on June 2016. My wife and kids are in L2.
If i get H1B visa will my families L2 will change automatically to H4 or should i have to pay for it and change their visa to H4.


Or do they have to go back to india.

Regards,
Deepak

Assuming neither you nor your dependents needs to travel out of US then they can change from L2 to H4 while being in US . No particular need to travel to India just for this.

Also, the COS (Change Of Status) has to be applied exclusively, it doesn't happen automatically. When you file your L1 to H1 COS you can also file I539 for your dependents to change then from L2 to H4. If your company doesnt pay for it then yes you will have to bear the cost associated with it.

This is my opinion not legal advice.

[Deepak Devadasan]

Filing H1 from US

Assuming neither you nor your dependents needs to travel out of US then they can change from L2 to H4 while being in US . No particular need to travel to India just for this.

Also, the COS (Change Of Status) has to be applied exclusively, it doesn't happen automatically. When you file your L1 to H1 COS you can also file I539 for your dependents to change then from L2 to H4. If your company doesnt pay for it then yes you will have to bear the cost associated with it.

This is my opinion not legal advice.

So does this mean i can file the I539 from here itself rather going back to India. I'm i correct? Pl. clarify.

[raghvi]

So does this mean i can file the I539 from here itself rather going back to India. I'm i correct? Pl. clarify.

Yes. I 539 can only be filed while in US.

This is my opinion not legal advice.