Regarding L2 to H4 change of status?

[BlakeLouis]

Hi Team,

I was on L1B visa and my H1 change of status got approved and started working in H1 from OCT 2020 onwards. I'm currently in the US along with my wife. She is in L2 status and we applied for L2 --> H4 Change of Status along with my H1B receipt (end of June 2020). In Aug 2020, we got a notice from USCIS that her case is moved to a different office after that no further information.

1. How long it will take for USCIS to make a decision on the H4 case? (if the H1 is already approved)

2. She has I94 till May 2021 and we applied for L2 --> H4 Change of status before my H1 approval. So I believe, she can legally stay in the US until the decision is made by USCIS. Please confirm whether this understanding is correct or not

Thanks!

[rkk09]

Hi Member,

1. How long it will take for USCIS to make a decision on the H4 case? (if the H1 is already approved)
Answer: Normally H4 petition adjudication will be taking minimum 6 months. And some service centers are taking more than one year.

2. She has I94 till May 2021 and we applied for L2 --> H4 Change of status before my H1 approval. So I believe, she can legally stay in the US until the decision is made by USCIS. Please confirm whether this understanding is correct or not
Answer: Yes. If you file H4 petition before her current I-94 expires and before Oct 01 then the dependents are good to stay in the USA with the help of receipt notice.

Thanks