H1B to L2 Visa Conversion

[aashish1987]

Hello,

My wife is currently working on an H1B visa and also holds a valid L2 visa and EAD. She moved to H1B from L2 when that was issued.

Can you please let me know how she can now transition back to the L2 Visa and EAD?

Thanks!

[raghvi]

Hello,

My wife is currently working on an H1B visa and also holds a valid L2 visa and EAD. She moved to H1B from L2 when that was issued.

Can you please let me know how she can now transition back to the L2 Visa and EAD?

Thanks!

By filing form I539. Once it is approved with I-94 she can use her existing EAD.

This is my opinion not legal advice.

[aashish1987]

By filing form I539. Once it is approved with I-94 she can use her existing EAD.

This is my opinion not legal advice.

Thanks Raghvi! A couple of quick questions -

- Do you know how much time the I539 takes to get approved?
- Once it's approved will she lose her H1B automatically?
- Does she need to notify her current employer who has sponsored her H1B?

[raghvi]

Thanks Raghvi! A couple of quick questions -

- Do you know how much time the I539 takes to get approved?
- Once it's approved will she lose her H1B automatically?
- Does she need to notify her current employer who has sponsored her H1B?

Is she currently working and getting paid by her H1 employer and has valid paystubs to prove it?

- 3-6 Months if no RFE.
- If approved with I-94 her status changes from H1 to L2. I dotn understand what you mean by "lose H1".
- Why not, after all they are her employer and paying her. Also, there may be some notice period/transition she may need to do.

This is my opinion not legal advice.

[aashish1987]

Is she currently working and getting paid by her H1 employer and has valid paystubs to prove it?

- 3-6 Months if no RFE.
- If approved with I-94 her status changes from H1 to L2. I dotn understand what you mean by "lose H1".
- Why not, after all they are her employer and paying her. Also, there may be some notice period/transition she may need to do.

This is my opinion not legal advice.

Thanks Raghvi!

Yes, she is currently working, getting paid and has valid pay-stubs.

Will it take 3-6 months even if her L2 visa is already approved, and stamped on her passport? She has a valid EAD too.

If she were to quit her current job, and doesn't have any other employer to sponsor her H1B, I'm assuming she'd 'lose' her H1B status? I was wondering in that case whether she can just exit the country and come back in on her valid L2 visa. Let me know.

Thanks for all your help!

Aashish

[raghvi]

Thanks Raghvi!

Yes, she is currently working, getting paid and has valid pay-stubs.

Will it take 3-6 months even if her L2 visa is already approved, and stamped on her passport? She has a valid EAD too.

If she were to quit her current job, and doesn't have any other employer to sponsor her H1B, I'm assuming she'd 'lose' her H1B status? I was wondering in that case whether she can just exit the country and come back in on her valid L2 visa. Let me know.

Thanks for all your help!

Aashish

Yes, a COS is taking time and there is no premium processing of it. Fastest way would be to leave US and re enter on an existing valid L2 visa.

This is my opinion not legal advice.