H4 to L1 while in US

[kikateixeira]

Hi folks,

I am from Brazil and I've got a job offer in US. So, I applied for H1B visa and H4 visa for my husband. Our visa was approved, and I can start to work on October 1st.
After that, my husband kept looking for a job in US and he probably got an opportunity to be transferred by his company to US. In general:

- My husband will complete one year working for the company on September 21.
- He would like to quit the job after complete one year, September 21.
- We would like to move to US (using my H1B visa and his H4 visa) on September 24.

Now our questions...
If he quits his job here in Brazil and live in US using H4 visa, he would be able to apply and get a L1 visa?
If he is living in US, how the L1 should be proceeding? Will He need to leave US?

Thank you all for the help!

[raghvi]

Hi folks,

I am from Brazil and I've got a job offer in US. So, I applied for H1B visa and H4 visa for my husband. Our visa was approved, and I can start to work on October 1st.
After that, my husband kept looking for a job in US and he probably got an opportunity to be transferred by his company to US. In general:

- My husband will complete one year working for the company on September 21.
- He would like to quit the job after complete one year, September 21.
- We would like to move to US (using my H1B visa and his H4 visa) on September 24.

Now our questions...
If he quits his job here in Brazil and live in US using H4 visa, he would be able to apply and get a L1 visa?
If he is living in US, how the L1 should be proceeding? Will He need to leave US?

Thank you all for the help!

Apart from working for the overseas subsidiary of the company for at least 1 Year in the last 3 years there are many more criteria for eligibility for L1 . If he is eligible his company can file a COS from H4 to L1. If COS is approved he can work without leaving US. This is my opinion not legal advice.

[kikateixeira]

tahnks raghvi.

Thanks raghvi!

If anyone has a legal advice, please write. I don't want to take any risks.

[raghvi]

I doubt you are going to get Legal advice on a public forum. Best to consult an immigration attorney to address your concerns.

[kikateixeira]

sure..

Ok.. just a opinion from someone with a similar situation...