Regarding L2 to H1 change of status. Please help!!!

[srijanani]

Hi,
Currently I am in US through L2 Visa. I have a valid H1B visa processed by my employer in chennai, india. Now, my question is, Can I change my status from L2 to H1 without travelling back to India? If so, what is the procedure? Please help as my break period with my employer is about to get over and am looking forward to work for the same employer here by changing visa status from L2 to H1, if that's possible!

[raghvi]

Hi,
Currently I am in US through L2 Visa. I have a valid H1B visa processed by my employer in chennai, india. Now, my question is, Can I change my status from L2 to H1 without travelling back to India? If so, what is the procedure? Please help as my break period with my employer is about to get over and am looking forward to work for the same employer here by changing visa status from L2 to H1, if that's possible!

It depends, if the L2 to H1 was applied and approved as Change Of Status - COS you need not travel outside US. You should get a new I-94 if COS approved. If you haven't got anew I-94 it was most likely that H1 was approved as Consular Processing where in you have to travel outside US, get H1 stamped at a consulate outside US and enter US on H1.

The other way would be to amend H1 petition from Consular Processing to COS. If your employer is willing to do so then once the amended petition is approved you will be on H1. If employer is not willing or the petition amendment is denied you will have to leave US and get H1 stamped in order to get onto H1.

This is my opinion not legal advice.

[kabkaba]

The above is correct. If you have L2 based EAD you can work using that also.

[srijanani]

It depends, if the L2 to H1 was applied and approved as Change Of Status - COS you need not travel outside US. You should get a new I-94 if COS approved. If you haven't got anew I-94 it was most likely that H1 was approved as Consular Processing where in you have to travel outside US, get H1 stamped at a consulate outside US and enter US on H1.

The other way would be to amend H1 petition from Consular Processing to COS. If your employer is willing to do so then once the amended petition is approved you will be on H1. If employer is not willing or the petition amendment is denied you will have to leave US and get H1 stamped in order to get onto H1.

This is my opinion not legal advice.

Thank u so much for prompt reply. It really helps! I guess I have to file I-539 to change visa status and I believe I should get new I-94 when it is approved. I dindnt get the point of why i may not get a new I-94 though COS is approved?

Please note that I already got my H1b stamped in India. Still, should I have to get H1 stamped at a consulate outside US and enter US on H1?

Thanks in advace.

- - - Updated - - -

It depends, if the L2 to H1 was applied and approved as Change Of Status - COS you need not travel outside US. You should get a new I-94 if COS approved. If you haven't got anew I-94 it was most likely that H1 was approved as Consular Processing where in you have to travel outside US, get H1 stamped at a consulate outside US and enter US on H1.

The other way would be to amend H1 petition from Consular Processing to COS. If your employer is willing to do so then once the amended petition is approved you will be on H1. If employer is not willing or the petition amendment is denied you will have to leave US and get H1 stamped in order to get onto H1.

This is my opinion not legal advice.

Thank u so much for prompt reply. It really helps! I guess I have to file I-539 to change visa status and I believe I should get new I-94 when it is approved. I dindnt get the point of why i may not get a new I-94 though COS is approved?

Please note that I already got my H1b stamped in India. Still, should I have to get H1 stamped at a consulate outside US and enter US on H1?

Thanks in advace.

[raghvi]

Thank u so much for prompt reply. It really helps! I guess I have to file I-539 to change visa status and I believe I should get new I-94 when it is approved. I dindnt get the point of why i may not get a new I-94 though COS is approved?

Please note that I already got my H1b stamped in India. Still, should I have to get H1 stamped at a consulate outside US and enter US on H1?

Thanks in advace.

- - - Updated - - -



Thank u so much for prompt reply. It really helps! I guess I have to file I-539 to change visa status and I believe I should get new I-94 when it is approved. I dindnt get the point of why i may not get a new I-94 though COS is approved?

Please note that I already got my H1b stamped in India. Still, should I have to get H1 stamped at a consulate outside US and enter US on H1?

Thanks in advace.

Now I am confused. Are you saying you have both L2 and h1 stamped in the passport? I am assuming you had H1 stamping done, and then later your spouse got L1 and you went for L2 stamping and eventually entered US on L2. Normally when people go for L2 stamping their exisiting H1 is cancelled. I am also wondering when you already had a valid H1 why your company didnt apply for a L2 to H1 COS. If you have an approved H1 petition in last 6 Years then your current employer can file for a COS from L2 to H1 using that petition and if the COS is approved you will be on H1 status.

This is my opinion not legal advice.

[srijanani]

Now I am confused. Are you saying you have both L2 and h1 stamped in the passport? I am assuming you had H1 stamping done, and then later your spouse got L1 and you went for L2 stamping and eventually entered US on L2. Normally when people go for L2 stamping their exisiting H1 is cancelled. I am also wondering when you already had a valid H1 why your company didnt apply for a L2 to H1 COS. If you have an approved H1 petition in last 6 Years then your current employer can file for a COS from L2 to H1 using that petition and if the COS is approved you will be on H1 status.

This is my opinion not legal advice.

Thanks again. U made it very clear. Yes, your assumption is correct, but my H1 is not cancelled during my L2 stamping. My company is not willing to spend money to apply for COS. So, am planning to file I-539 (COS) individually. Hope it is possible. Thanks for ur help!!!

[raghvi]

Thanks again. U made it very clear. Yes, your assumption is correct, but my H1 is not cancelled during my L2 stamping. My company is not willing to spend money to apply for COS. So, am planning to file I-539 (COS) individually. Hope it is possible. Thanks for ur help!!!

Technically its the employer who should file the I129. Also you do need the employer to provide you with the client letter, employment letter etc. if your employer is doing all this and you are paying the lawyer cost etc its a different matter.

This is my opinion not legal advice.

[Testingl2]

Query regarding Change of Status from L2 to H1

Hello,

I am on L2 visa which got expired on Jan 2013 but I have valid I-94 till Dec 2013. I am currently working on L2 EAD (EAD valid till Oct 12, 2013). I earlier had a H1 which was provoked when I had enter US with my husband(on L1) in Dec 2010. Now, my employer has filed for Change of Status from L2 to H1. Would I need to go for stamping if it gets approved ? Please reply.

[raghvi]

Hello,

I am on L2 visa which got expired on Jan 2013 but I have valid I-94 till Dec 2013. I am currently working on L2 EAD (EAD valid till Oct 12, 2013). I earlier had a H1 which was provoked when I had enter US with my husband(on L1) in Dec 2010. Now, my employer has filed for Change of Status from L2 to H1. Would I need to go for stamping if it gets approved ? Please reply.

If L2 to H1 gets approved as COS and you get a new I-94 then no need for stamping.

This is my opinion not legal advice.