L1 to H4 visa

[h2b]

Hi,

Question:

My wife was working on L1B in USA, and her visa expires in 3 months. I got my H1B petition approved this year and will start working with company by Oct'14.
Can my wife apply for H4 once her L1B expires and stay with me afterwards? Does application need to be applied before her L1 expires?

[raghvi]

Hi,

Question:

My wife was working on L1B in USA, and her visa expires in 3 months. I got my H1B petition approved this year and will start working with company by Oct'14.
Can my wife apply for H4 once her L1B expires and stay with me afterwards? Does application need to be applied before her L1 expires?

Her L2 to H4 COS has to be applied after your H1 start and before her L1 I-94 expiry.

This is my opinion not legal advice.

[h2b]

related question

Thanks a lot for your response. So, can we individually apply for H4 or it has to be done by the company sponsoring H1B? Also, what is the best time frame to start the H4 process, after I start with H1, how much time will it usually take to get H4 done? She can still be on L1 when her H4 is being applied?

Thanks!!

[raghvi]

You can apply yourself using form I539. There is no time limit or premium processing option for dependent visa.

You can request a specific date for the L1 to H4 COS along with I539. Advisable to stop working post that date whther you received the COS to H4 approval or not.

This is my opinion not legal advice.