Change of visa from H1 to L2 and back to H1

[zeepk81]

I and my husband are working for same company in India. Currently I am in US on H1B visa since March 2012 (valid till Oct 2014 ) ,My husband is on L1 Aug 2011 (valid till July 2014 ). I am planning to change my status from H1B to L2

My questions are

1. How should I apply for my L2? Should I do it with the consent from my employer or can I do it on my own? How does it make a difference?
2. If I apply for L2 then what happens to my H1 status?
3. Is it possible to change from L2 to H1 again? How?
4. Does my original H1 sponsor needs to be involved when I want to shift from L2 to H1 again?
5. Even if I get H1, how long it will be valid?
6. After I change my status to L2, and in case if my husband’s project is completed , can I change my status back to H1 anytime? If so what is the process?

[raghvi]

I and my husband are working for same company in India. Currently I am in US on H1B visa since March 2012 (valid till Oct 2014 ) ,My husband is on L1 Aug 2011 (valid till July 2014 ). I am planning to change my status from H1B to L2

My questions are

1. How should I apply for my L2? Should I do it with the consent from my employer or can I do it on my own? How does it make a difference?
2. If I apply for L2 then what happens to my H1 status?
3. Is it possible to change from L2 to H1 again? How?
4. Does my original H1 sponsor needs to be involved when I want to shift from L2 to H1 again?
5. Even if I get H1, how long it will be valid?
6. After I change my status to L2, and in case if my husband’s project is completed , can I change my status back to H1 anytime? If so what is the process?

You have not mentioned the reason for doing so. Also, till when is your H1 associated I-94 valid?
1. As long as you are on H1 you need to work and get paid by the H1 petitioner. In case you apply for a Change of Status (COS) to L2 you cannot work for the H1 employer. You can work on L2 only after getting a EAD.
2. You can either be in L2 or in H1 status so if you apply for L2 and are approved you should stop working with the H1 employer.
3. You will have to file COS from L2 to H1 again in case you want to get back to H1.
4. No need, as long as you are not joining them.
5. What do yo mean? You said you already had an H1.....
6. As said earlier, you will have to apply for COS to H1. If your husband's project completes, will he be asked to go back? If yes, then you need to do a COS for yourself before that happens.....to avoid going out of status and your husband will have to apply for COS to H4, in case you two dont want to leave US.

This is my opinion not legal advice.

[zeepk81]

Change of visa from H1 to L2 and back to H1

You have not mentioned the reason for doing so. Also, till when is your H1 associated I-94 valid?
1. As long as you are on H1 you need to work and get paid by the H1 petitioner. In case you apply for a Change of Status (COS) to L2 you cannot work for the H1 employer. You can work on L2 only after getting a EAD.
2. You can either be in L2 or in H1 status so if you apply for L2 and are approved you should stop working with the H1 employer.
3. You will have to file COS from L2 to H1 again in case you want to get back to H1.
4. No need, as long as you are not joining them.
5. What do yo mean? You said you already had an H1.....
6. As said earlier, you will have to apply for COS to H1. If your husband's project completes, will he be asked to go back? If yes, then you need to do a COS for yourself before that happens.....to avoid going out of status and your husband will have to apply for COS to H4, in case you two dont want to leave US.

This is my opinion not legal advice.

Thanks for the reply.

Currently we both are placed in 2 places. My employer is not willing to move me to my husband's place. Hence planning to resgin and changing the status to L2.But want to keep the options open to work in US (if possible) even if my husband's project completes and if they ask him to leave to India.

If I shift to L2 now, is it possible to change back H1 when my husband project finishes (if they ask him to leave to India)?
My Husband project may complete some time in May/June next year. If they ask him to leave to India in June, Can I apply for H1 immediately or should I apply for new H-1B in April and wait till Oct to work on H1?