H1B to L2 transfer in US

[been123]

Hi,

I am on H1B and my husband is on L1A visa. I cannot quit my job on H1. If I quit, what are the options for me to move from H1b to L2 without having to travel out of US?
1) Who will apply for a change of visa for me - I will or my husband's company?
2) What will be the process and how long will it take?
3) Will I need to travel out of US to change my visa?
4) Any other complications?

Thanks!

[been123]

Awaiting reply on this post. Thanks in advance!

[raghvi]

Hi,

I am on H1B and my husband is on L1A visa. I cannot quit my job on H1. If I quit, what are the options for me to move from H1b to L2 without having to travel out of US?
1) Who will apply for a change of visa for me - I will or my husband's company?
2) What will be the process and how long will it take?
3) Will I need to travel out of US to change my visa?
4) Any other complications?

Thanks!

1. Either can.
2. Either file I539 and stop working, or in I539 specify a date when you intend to move to L2, and stop working from that date. It can take upto 6 months.
3. Typically not required as long as your spouse is maintaining valid L1 and you have valid H1 pay stubs till date.

This is my opinion not legal advice.

[been123]

Thanks for reply.
So, as soon as I get the receipt for I539 filing and I have paystubs until the date I get the receipt, I can quit working - correct?

[raghvi]

Thanks for reply.
So, as soon as I get the receipt for I539 filing and I have paystubs until the date I get the receipt, I can quit working - correct?

Yes.

This is my opinion not legal advice.

[jameslive]

Hi,

I am on H1B and my husband is on L1A visa. I cannot quit my job on H1. If I quit, what are the options for me to move from H1b to L2 without having to travel out of US?
1) Who will apply for a change of visa for me - I will or my husband's company?
2) What will be the process and how long will it take?
3) Will I need to travel out of US to change my visa?
4) Any other complications?

Thanks!

Hi there,

(1) You are the applicant, applying to change your status from H-1B to L-2 by filing I-539 with supporting documents that you have been maintaining your legal status (your current H-1B) and your spouse is in L-1 status (approval notice)
(2) You need to file the application with document to USCIS. It can take 2-6 months.
(3) Once your change of status is approved, you can stay in the US for the validity period. You don't have to leave U.S. to get a visa stamp as long as you stay in the U.S.; however, if you want to travel outside U.S., you will need to get a visa stamp.
(4) As to complications, this depends on what facts you have.

Once you have your L-2 status, you can apply for work permit (EAD) so you can work at any company.

As to the pending status, USCIS stated that “Your lawful nonimmigrant status ends and you are out of status when your Form I-94 expires, even if you have timely applied to change your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your change of nonimmigrant status request. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for change of status pending,” meaning, USCIS will let you stay until they make a determination on your change of status request.

I hope this answers your question.

Law Office of Ungi Shin, PLLC | [email protected]
Disclaimer: The answer to this question is for general information purpose only, and it is not to be construed as legal advice, nor creating an attorney-client relationship.