L1B to H4 COS

[Subu]

Hello Team,
I am on L1B visa which expires in Dec 2023(recapture including) . I am planning to get COS to H4 as my spouse will have H1B by then.

Questions I have is:
1. The cool down period where you have to spend an year outside USA before you get your next work visa, does that apply for COS to H4 as well?

2. In future if I plan to get a H1B or L1 VISA(any work visa) will I have to spend one year outside USA to be eligible?

3. If my spouse’s I140 gets approved, will I be able to get an EAD and start working without spending an year outside USA?


Please let me know if you have any information on my question.

[RoseAdams]

1. No cool down period for COS to H4.
2. L1B to H1B needs cool down.
3. I140 approval allows EAD, no cool down.

[XiangXo]

1. Regarding the cool down period for work visas, it typically applies when you are switching from one work visa to another work visa category, but not when you are changing from a work visa to an H4 dependent visa. So, in your case, the cool down period should not be applicable for the COS to H4 process.
2. If you plan to apply for an H1B or L1 visa in the future, the cool down period would come into play if you are switching from one work visa to another work visa category. However, if you have successfully obtained an H4 visa and spent time in that status, it may not be necessary to spend an additional year outside the USA when transitioning back to an H1B or L1 visa, as long as you meet the specific eligibility criteria for the new work visa.
3. If your spouse's I140 gets approved, you may be eligible to apply for an Employment Authorization Document (EAD) as an H4 dependent with an approved I140. Once you have the EAD, you can legally work in the USA without needing to spend a year outside the country.

Please keep in mind that immigration laws can be complex and subject to change, so it's advisable to consult with an immigration attorney or an authorized legal expert to ensure that you have the most accurate and up-to-date information for your specific situation.