L1 to H4 Cos!

[aditya18aug]

Hi, My wife is currently on an L1visa and is working. She has a valid H4 and L2 stamp on her passport. Incase she quits the job, can she just apply for a COS from L1 to H4 ? If yes could you please tell how many weeks does it take for the COS?
Kindly suggest any other ways as well.

Thanks much
Aditya

[shervin143]

If you are currently in a valid H1B status, then YES, she can file a COS from L1 to H4. The application for the COS should reach USCIS before her current L1 status expires (last day on the job). It will take about 2-3 months to receive a decision on the COS.

[kabkaba]

Visas in her passport don't matter, category on her I-94 matters.
She needs to apply for COS to H4 before her last day at work. She can efile the form I-539 and send supporting documents later. This assumes you are maintaining H1 status. She can remain in the US while her COS is pending and it takes 2-3 months for getting a decision.

[aditya18aug]

Well thank you for the replies... this helped a lot.

One last clarification needed- yes i see her I-94 is on L1b now... we were thinking to go out to Canada and get back her on H4(i guess I-94 will be on this when we re-enter the US). So will this help rather than waiting for the whole COS process???

Kindly suggest!!
I hope i am clear

Thanks
Aditya

[shervin143]

Yes, that is an option. However, if the trip to Canada is less than 30 days, then they won't take your I-94 when you leave. They will ask you to use the same I-94 upon your return. If that is the case, then the whole trip will be useless. You need to make sure the L1 I-94 is surrendered when you leave U.S and get a new one associated with H4 visa when you return.

Well thank you for the replies... this helped a lot.

One last clarification needed- yes i see her I-94 is on L1b now... we were thinking to go out to Canada and get back her on H4(i guess I-94 will be on this when we re-enter the US). So will this help rather than waiting for the whole COS process???

Kindly suggest!!
I hope i am clear

Thanks
Aditya

[aditya18aug]

Oh ok... i see what you say.
Thanks so much for your inputs This helped a lot.

Regards,
Aditya