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  • L1 to H1

    hi,

    I want to check regarding my status change from L1 to H1. My H1 employer says that it can't be changed here in US as I got H1 approved before I got L1 stamped. i.e. I got H1 approved in last year's quota in April-07 and I got my L1 stamped in Jun-07 .

    Can you help me out here..Is my H1 employer correct ...I have my wife also here on L2 and he says she also has to go to India to get status changed to H4 and for stamping.

    Your help is much appreciated.
    Regards

  • #2
    seeing at your case, i cld assume that u r in India while your '07 quota H1 approved.so the employer kept Consular Processing...also once approved petition can't be changed..so you are compelled to go for stamping in your home country b4 you could actually start to work on H1 in US, thats why COS cant be done at this moment.

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    • #3
      Thanks Jyothi, that was very helpful.
      you are very right, I was in India at that time.

      I also wanted to check that my wife is here with me on L-2. Is it possible that I go to India alone and get my H-1 stamped and later in year my wife would go to India and get her stamped for H-4. ( but as you know our status can't be changed here in US to H1 & H4 resp. ).

      Kindly help.

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      • #4
        I am only concerned that since I'll enter US on H-1 visa , my wife would be still on L-2 and would live with me like that for 3-4 months before she'll go to India for her stamping.

        On exit from US would there be any issue ?

        sorry for double checking but I don't want to take any wrong step and then land into some legal things...

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        • #5
          Originally posted by nitin_hamir
          I am only concerned that since I'll enter US on H-1 visa , my wife would be still on L-2 and would live with me like that for 3-4 months before she'll go to India for her stamping.

          On exit from US would there be any issue ?

          sorry for double checking but I don't want to take any wrong step and then land into some legal things...
          if she entered using L2 and her I-94 says she is L2 and there is no COS from L2 to H4 filed or approved then she will have to either file for COs using your H2 from L2 to H4, or go abroad with you to get H4 stamped. Since her L2 depends on your L1 if L1 is gone then L2 is gone as well. She cannot wait for few months to get H4, that will put her out of status the day you eneter USA on H1.

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          • #6
            very helpful...

            Thanks "waitin_toolong " !!!

            That was very helpful , I had almost planned the other way going by responses of other forum members.

            But you understood my problem very well and replied exactly about the fear I had that my H1 stamping will put my wife(L-2) out of status in US.

            Looks like I'll wait for few months and then go together with my wife to India and get my H1 and her H4 stamped together.


            Is it ok if I get H1 stamped but enter US on L-1 only as it's valid till mid-2008. And then later go out of US and enter on H-1 whenever I want to shift on H-1?

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