L2 to H4 to H1B - is this possible? what is the correct process?

[pankaj_sebs]

Hi!

I am on L2 and currently unemployed. My husband is on L1 and is taking a new job where he is chaning his visa from L1 to H1B. I have a valid H1B which can be stamped through consular processing once I get a job.

Questions:
1 - When my husband changes status from L1 to H1B, is it necessary to transfer my visa from L2 to H4 at the the same time?
2 - Can I continue to stay in US without a job and an unstamped H1B
3 - If I change to H4 along with my husband's COS, is it possible for me to again move to existing H1B once I get a job?

Thanks for your help.

[shervin143]

Answers below.

Hi!

I am on L2 and currently unemployed. My husband is on L1 and is taking a new job where he is chaning his visa from L1 to H1B. I have a valid H1B which can be stamped through consular processing once I get a job.

Questions:
1 - When my husband changes status from L1 to H1B, is it necessary to transfer my visa from L2 to H4 at the the same time?
>>> You need to file form I-539 (Can be filed along with the L1 to H1B COS of the primary applicant) to change the status to H4 (No need for H4 visa. Visa is required only when you need to re-enterthe country in H4 status).

2 - Can I continue to stay in US without a job and an unstamped H1B
>>> Yes, as long as your status remains dependent.

3 - If I change to H4 along with my husband's COS, is it possible for me to again move to existing H1B once I get a job?
>>> Yes.

Thanks for your help.

[pankaj_sebs]

H4 to H1B

I am currently on H4 and have a valid H1B approval which can be stamped through consular processing.

In case I get a job with a new employer, what are the documents I should ask from my new employer to take with me for my H1B visa stamping?

[shervin143]

https://www.immihelp.com/h1-visa-stamping-documents/

I am currently on H4 and have a valid H1B approval which can be stamped through consular processing.

In case I get a job with a new employer, what are the documents I should ask from my new employer to take with me for my H1B visa stamping?