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  • L2 to H4 Change of Status

    Hi

    I'm in US working with L1B visa and another employer 'Company B' had applied H1 for me.
    My spouse was in India and she applied L2 and joined here with me in US very recently.
    Now my H1 got approved.

    1.In this case what will happen to my spouse status?
    2.Can i apply H4 for her?
    3.How long will it take to get that and Can she stay here until she gets H4 or she should need to go to India?

    can anyone please help??

  • #2
    What is the effective date for H1? Is it Oct 1?
    If so, she can file for change of status to H4 any time before Oct 1.

    You will of course need to leave L1 employer and join H1 employer on Oct 1.
    This is my opinion and not legal advice.

    Comment


    • #3
      My H1 is valid from this April. So is she eligible for Change of status to H4 without going to India?

      Comment


      • #4
        Did the H1B sponsor file the H1B petition under 2013 CAP or using a CAP from one of your previous H1B approval notices? If it wad filed under a new CAP, then the H1B effective date will not be before Oct 1st. Check the approval notice and reply back the effective date printed there. Are you currently working for the H1B sponsor or t he L1 employer?
        Last edited by shervin143; 04-30-2012, 12:51 PM.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          L2 to H4

          Hi,

          I have a query.

          Currently I am working for an employer A in L1B and applied H1b from an employer B. But did not apply anything for my wife from L2 to H4 COS.

          I have not received the approval yet, but I have a concern. Can I apply my wife H4 by myself after getting the approval or I have to go through the attorney?

          Because my attorney is charging me not to my employer. Please let me know the procedure if I am applying by myself or missed any document below.

          1. My approval petition copy.
          2. I-539 COS form
          3. Wife's I-94 copy

          Comment


          • #6
            You can apply it yourself. Follow the below instruction. You have file it before your H1B effective date (Oct 1st). You can even file it using a copy of the H1B filing receipt and no need to wait until the H1B approval.


            The documents listed here will be the same in your case.
            http://www.immihelp.com/forum/showthread.php?90635


            Originally posted by Atmaram23 View Post
            Hi,

            I have a query.

            Currently I am working for an employer A in L1B and applied H1b from an employer B. But did not apply anything for my wife from L2 to H4 COS.

            I have not received the approval yet, but I have a concern. Can I apply my wife H4 by myself after getting the approval or I have to go through the attorney?

            Because my attorney is charging me not to my employer. Please let me know the procedure if I am applying by myself or missed any document below.

            1. My approval petition copy.
            2. I-539 COS form
            3. Wife's I-94 copy
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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