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  1. #1
    Join Date
    Feb 2012
    Posts
    1

    Default L1 to H4 Change of Status

    Hi,
    Currently I am working for Company A on L1 visa.My husband also works for Company A on H1B visa.My husband will be joining Company B very soon.His H1B transition will be starting shortly.I am planning to convert to H4 visa.

    1) Company B will be doing premium processing for my husband's H1B visa,does it mean that my L1 to H4 status can also be done through premium processing and both the H1(husband's)and H4(mine)can be obtained at same time?
    2)Which is advisable to maintain a legal residing status in the US:Should I continue working on my L1 until husband's H1B transition is complete and then apply for H4 COS or applying for H4 COS along with husband's H1B transition?
    2)Can I give notice to my current employer once I receive the receipt number for my H4 COS or should I wait until my H4 status is confirmed.
    3)When Company B does a H4 COS for me,does it mean that I will lose my L1 status automatically or can I choose to work with Company A for sometime even after I get status changed to H4

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: L1 to H4 Change of Status

    Generally, it's possible for a L visa holder to petition for a change of status from L1 to H4 while in the United States. Note, however, that the person must document to the USCIS that she is maintaining lawful status in the U.S., meaning she must have recent paystubs for her L1 employment. If the USCIS isn't satisfied with evidence of continued status, they may require that the L1 holder go to her home country to obtain the visa. Further, it's not possible to request premium processing, so this can be a protracted application process. For these reasons, for attempts to change status from L1 to H4 while remaining in the U.S., I would suggest consulting an immigration lawyer about the specifics of your case before deciding how to proceed.

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