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  • H1B and L2 questions

    I have been on a H1B visa since 2003 and my green card is being processed. I have an approved I-140 and have been waiting on the priority date to file for I-485. My H1B has been getting extended as I wait for my priority date. My family is relocating so I have to resign from my current job.

    - Can I change employers at this point and have my H1B trasfered without affecting my green card priority date?

    - If I am unable to find a job, my other option is to change my status to L2 on my husband's L1. Can I apply for a change of status using form I-539 from within the US without traveling out of the country for an L2 stamping?

    - Does the time period that I have been on the H1B visa (12 years) affect my ability to get an EAD on the L2 in any way?

    Thanks.

  • #2
    - Can I change employers at this point and have my H1B trasfered without affecting my green card priority date?
    >>> Yes. You will need a copy of the approved I-140 to file the transfer. Your I-140 should be active when the transfer is filed.

    - If I am unable to find a job, my other option is to change my status to L2 on my husband's L1. Can I apply for a change of status using form I-539 from within the US without traveling out of the country for an L2 stamping?
    >>> Yes, possible.

    - Does the time period that I have been on the H1B visa (12 years) affect my ability to get an EAD on the L2 in any way?
    >>> No.
    Not a legal advice. Use of this information is strictly at your own risk.

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