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L2 to H4

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  • L2 to H4

    Hi

    I am working as L1 in U.S and my family staying with me.
    Recently my L1 to H1 conversion got approved and i received an approval notice but looks like my employer missed to send dependent application along with my application.

    My old L1 duration valid till Nov 7 2015
    My New H1 duration valid from 1st Oct 2015 - 30 sep 2016
    My & dependent i-94 is valid till Feb 2018.

    Right now i am working with my employer to send application for my dependent from L2 to H4.

    Please confirm if there is any issue if i do it now for my dependents.? is it too late as of today (sept 20 2015)
    Are my dependents become out of status after 1st oct 2015.?
    Do I need to submit application in premium processing?
    Till what time my dependents are legally allowed to live in U.S?

  • #2
    Please confirm if there is any issue if i do it now for my dependents.? is it too late as of today (sept 20 2015)
    >>> It is not too late. Your COS from L2 to H4 should be filed before Oct 1st.

    Are my dependents become out of status after 1st oct 2015.?
    >>> They will if you do not file the COS before that time. Once you file it, then they are good. They don;t need the approval. Just filing vefore Oct 1st (before your status changes to H1B) is what is important.

    Do I need to submit application in premium processing?
    >>> There is no premium processing for H4.

    Till what time my dependents are legally allowed to live in U.S?
    >>> They are allowed to stay in U.S until a decision is made on their case or until 240 days whichever comes first. This is applicable only if the documents for their COS reach USCIS (a receipt number is printed by USCIS) before Oct 1st.
    Not a legal advice. Use of this information is strictly at your own risk.

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