Process for Visa status change from L1B to H4

[deepak_pathania]

HI,

My wife is working on L1B visa and her Visa is expiring on 1 Aug. We want to change her Visa from L1B to H4. I know I need to fill FORM I 539 . MY question here

1) How early I should apply for change of Visa Status ?

2) Lets say she get approval for Change of Visa on 15th July, can she still work on her L1B till 1st Aug ?

[shervin143]

1) How early I should apply for change of Visa Status ?
>>> Before her L1 status expires. USCIS advises that you file the COS at least 45 days before the current status expiry date.

2) Lets say she get approval for Change of Visa on 15th July, can she still work on her L1B till 1st Aug?
>>> If the effective date of H4 is July 15th, then she cannot work after that. H4 status holders are not allowed to work.

[deepak_pathania]

Can I mention effective date for H4 Visa somewhere ? In I 539 form there is no column to mention effective date. There is only one place where I can mention my I-94 date.

[shervin143]

Unfortunately there is no option for you to request the H4 effective date. If you take a look at form I-539, there is no such option.

[kabkaba]

You can write a cover letter with requested COS date in bold and send it alongwith supporting documentation. But USCIS may or may not consider this. This requested date must not be after your I-94 expiry or last day on job.