Change of status from L1 to H4

[rauma]

Hello,

I am currently on an L1 visa. My current assignment in the US is over and my employer wants me to relocate to India. Since I want to stay with my family, I am thinking of resigning and changing my status. My husband is an H1 visa holder. My last day in US payroll was 1/21/2010, but I haven't officially resigned yet. I would like to know -

1. How long can I stay in the US ?
2. If I file I539 for change of status, can I stay in the US till it is approved?
3. I read that I have to file for a change of status to H-4 before my last day of employment. Is that my last day in US payroll OR the actual date of resignation?
4. If I have already missed the date to apply for change of status, what are my next options?

Thanks a lot for your help!!

[shervin143]

Answers below.

Hello,

I am currently on an L1 visa. My current assignment in the US is over and my employer wants me to relocate to India. Since I want to stay with my family, I am thinking of resigning and changing my status. My husband is an H1 visa holder. My last day in US payroll was 1/21/2010, but I haven't officially resigned yet. I would like to know -

1. How long can I stay in the US ?
>>> You need to file for COS to H4 immediately. Resignation time frame doesn't mean anything. The day after the last date of your pay roll is when you go out of status. So for a successful COS, you need to file for H4 immediately with the lastest pay slips (to prove that you maintained your status).

2. If I file I539 for change of status, can I stay in the US till it is approved?
>>> Yes.

3. I read that I have to file for a change of status to H-4 before my last day of employment. Is that my last day in US payroll OR the actual date of resignation?
>>> See answer 1.

4. If I have already missed the date to apply for change of status, what are my next options?
>>> File it immediately (since it is just 1 day) and you are good. If not, you need to go out of the country, get the H4 stamped and re-enter in H4 visa.

Thanks a lot for your help!!

[Gautam Krishna]

Change of status from L1B to H4

Hi,

My wife is on L1B and and her visa extension is in progress. In the meantime she is planning to file for COS. Is it possible to file Change of Status? I am on H1 visa.

Thanks

[raghvi]

Hi,

My wife is on L1B and and her visa extension is in progress. In the meantime she is planning to file for COS. Is it possible to file Change of Status? I am on H1 visa.

Thanks

If her I 94 has expired, a COS to H4 would nOt be possible without first getting an L1 ext approval.

This is my opinion not legal advice.