H1 to L2

[achilies]

Hi,

Im working on L1 with Leading IT company and have applied for H1 this year thru a consultant. My wife is also working in US, but on H1B with a different company. She is planning for long leave.

1) Can she apply for L2 with the active H1 ?
2) If so, What will happen to her H1 Status ?
2) Can H1 be reactivated in future ?
3) If I get my H1 approved , What would happen to her L2 status ?

Thanks in Advance

[raghvi]

Hi,

Im working on L1 with Leading IT company and have applied for H1 this year thru a consultant. My wife is also working in US, but on H1B with a different company. She is planning for long leave.

1) Can she apply for L2 with the active H1 ?
2) If so, What will happen to her H1 Status ?
2) Can H1 be reactivated in future ?
3) If I get my H1 approved , What would happen to her L2 status ?

Thanks in Advance

1. Yes
2. Pretty much As soon as you apply H1 to L2 for your spouse, she should stop working from the COS requested date. She no longer is in H1 status once she moves to L2 status.
3. Yes, Within 6 Years of her last held H1 status, as long as 6 years limit of H1 has not been exhausted.
4. Once you move to H1 she cannot remain on L2. Once your L1 to H1 status change is approved, you must work and get paid only from the H1 employer fro H1 start date. Also, you have to apply her L2 to H4 or her L2 to H1 conversion before your H1 start date in order for her to continue to be in status.

This is my opinion not legal advice.

[achilies]

1. Yes
2. Pretty much As soon as you apply H1 to L2 for your spouse, she should stop working from the COS requested date. She no longer is in H1 status once she moves to L2 status.
3. Yes, Within 6 Years of her last held H1 status, as long as 6 years limit of H1 has not been exhausted.
4. Once you move to H1 she cannot remain on L2. Once your L1 to H1 status change is approved, you must work and get paid only from the H1 employer fro H1 start date. Also, you have to apply her L2 to H4 or her L2 to H1 conversion before your H1 start date in order for her to continue to be in status.

This is my opinion not legal advice.

Thanks a lot Raghvi. I have one more query.

1. How long will it take for H1 to L2 transfer ? Will my wife need to go out of US and come back with L2 stamped? or COS can be done from US itself. My current employer is not an US based

Thank you for your patience.

[raghvi]

H1 to L2 can take from a few weeks to few months there is no premium processing for the same.

This is my opinion not legal advice.