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Please help - Question on Husband H1 / Wife L1 - change to H4

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  • Please help - Question on Husband H1 / Wife L1 - change to H4

    Hi,

    Currently, I am on H1B visa and my wife is on L1 Blanket visa and both of us are currently working in US. Both of us are working for Infosys. (but on different clients).

    My wife's project is getting over and she is not getting any other project but she is still an Infosys employee.

    Can her L1 visa be changed to H4 (as I am on H1) without going to India?
    Can she take vacations from Infosys and be on H4 visa (though she will be an Infosys employee, but on vacations)?

    Or her visa can be changed to H4 only when she visits India and resigns from company (as H4 is dependent visa)?

    Any help in this regard will be highly appreciated. Please provide some pointers.

    Thank you very much in advance.
    Regards,
    Rajesh

  • #2
    She can file for a COS (I539) to change status to H4 from L1 and remain on H4 without travelling out of US. Going on vacation and staying as an employee of infosys is something internal to the HR of the company.

    Once on H4, she should not work. Once the H4 petition is filed, she can choose to quit L1 job. But the filing has to be done before the L1 project gets over.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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