L2 to H4 visa transfer

[sree223522]

Hi All,

Now i am filing H1b in this year Cap but my wife is india and she has a Valid L2 dependent Visa. Can i file H1B now and apply for L4 to H4 after she came to US( I can apply for L2 to H4 transfer later and before Oct 1st)

[shervin143]

Posssible. If your H1B is approved, your H1B effective date will most likely be Oct 1st (or later sometimes). If your wife enters U.S before Oct 1st, then you have to immediately file her COS from L2 to H4 and it should be done before your status chnages from L1 to H1B. You can eFile her H4 and later send the documents to USCIS.

[sree223522]

If i apply for H1b transfer in Premium. Do you know how long it will take to get it approved?. Because by L1 visa is going to expire on Oct 14 and current employer wants to apply for extension also. If my H1 approved earlier i will ask my current employer not to file L1 extension

[kabkaba]

15 days without RFE.