L1 to H4

[jinneebhat]

I am working on H1b for an employer. My spouse is also working with this employer on L1b. Can she take take an H4 visa through this same employer? Are there any legal issues involved with L1-h4 conversion?

Thanks

[txh1b]

No issues. H4 visa is based upon you, the H1b holder and has nothing to do with the employer of the H1b holder or the H4 holder's previous employer.

[orion]

She wont be able to work on H4 though.

[knowledgeable]

Do you mean ...

... to say that she's quitting her job on L-visa and reassiging her role as a homemaker in the US to remain here on H4?

[jinneebhat]

... to say that she's quitting her job on L-visa and reassiging her role as a homemaker in the US to remain here on H4?

She wanna take some unpaid leave which is not possible on L1, I assume.

[txh1b]

I remember reading a memo that it is possible. Looking for it and will post the link when I find it. Talk to an attorney.

[knowledgeable]

Do look into ...

... the possibility of family leave, medical leave or if the case maybe maternity leave.

Check out the state laws and you may possibly have a solution.

As our good friend and senior member mentioned, consulting an attorney will be very helpful to you.

[txh1b]

Found some more information about the subject. The person has to remain an L1 employee and it should not be a benching situation when the person finishes a project and is waiting for another one. In such cases, the person can get paid and remain in US.

Other cases involve FMLA or other medical leave. If the L1 wanted to change to part time, that is also possible.

[jinneebhat]

Found some more information about the subject. The person has to remain an L1 employee and it should not be a benching situation when the person finishes a project and is waiting for another one. In such cases, the person can get paid and remain in US.

Other cases involve FMLA or other medical leave. If the L1 wanted to change to part time, that is also possible.

Thanks.. but for sure the L1 comp may not approve paid leaves. Thats why I wished to convert L1 to H4 so that there are no issues in taking long leave

[txh1b]

So, is this a benching/project getting over situation? If so, COS is the best option.