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Current non immigrant status of dependent- L2 or H4?

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  • Current non immigrant status of dependent- L2 or H4?

    Hi,

    I moved from L1A to H1b and also moved to a new city. My H1b amendment was filed in Sept 2017 which is not yet approved. I filed my wife's visa conversion from L2 to H4 in Mid August, 2017 which is still pending.

    I am planning to file my H1b extension/amendment in premium and my wife's visa extension/conversion also using I-539 form.

    My question is:
    1. Is her current non-immigrant status - L2 or H4? I think it should be L2 as her H4 conversion is still pending

    2. Also her application would be a) Extension of status of b) Change of status?
    I think her application would be - Change of status (from L2 to H4) with effective date as 1-Oct-2017 from L2 to H4.

    Kindly respond. Appreciate your response.

  • #2
    Originally posted by aks01 View Post
    Hi,

    I moved from L1A to H1b and also moved to a new city. My H1b amendment was filed in Sept 2017 which is not yet approved. I filed my wife's visa conversion from L2 to H4 in Mid August, 2017 which is still pending.

    I am planning to file my H1b extension/amendment in premium and my wife's visa extension/conversion also using I-539 form.

    My question is:
    1. Is her current non-immigrant status - L2 or H4? I think it should be L2 as her H4 conversion is still pending

    2. Also her application would be a) Extension of status of b) Change of status?
    I think her application would be - Change of status (from L2 to H4) with effective date as 1-Oct-2017 from L2 to H4.

    Kindly respond. Appreciate your response.
    Both of you currently don't have a status (since you stopped working under L1) and both of you currently have a pending Change of Status application. I don't think your wife needs to file an Extension of Status because amending your H1b shouldn't affect her H4; as long as you are on some H1b, her H4 is valid.

    This is my personal opinion and is not to be construed as legal advice.

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