How to change from L1 to H4? How long does it take?

[bhagatali]

Hi Everyone,

I have a valid H1 till 2015 and my wife has her valid L1 till 2017. We are both in the US working for a client assignment. My wife assignment is ending next week and I need to urgently change her to a H4 status so that she can continue to stay in US with me. Can someone advise on the following?

1) How and where do I file for this COS within the US?
2) How long does the process take?
3) Can she stay here as soon as I file for a H4 or do I have to wait for an acknowledgment from USCIS or can she only continue staying if the H4 COS is approved?
4) Will she automatically lose her L1 when she files for H4 or does she lose her L1 only when her H4 is approved?

Thanks for advising.

Regards
Ali.

[raghvi]

Hi Everyone,

I have a valid H1 till 2015 and my wife has her valid L1 till 2017. We are both in the US working for a client assignment. My wife assignment is ending next week and I need to urgently change her to a H4 status so that she can continue to stay in US with me. Can someone advise on the following?

1) How and where do I file for this COS within the US?
2) How long does the process take?
3) Can she stay here as soon as I file for a H4 or do I have to wait for an acknowledgment from USCIS or can she only continue staying if the H4 COS is approved?
4) Will she automatically lose her L1 when she files for H4 or does she lose her L1 only when her H4 is approved?

Thanks for advising.

Regards
Ali.

1. Form I539. Instructions and details available at http://www.uscis.gov/i-539
2. 2-4 Months. There is no premium processing for dependent visa.
3. Yes as long as COS is applied before her last pay day, also max 240 days while pending.
4. There is a COS start date that can be requested in the I539. Advisable to stop working from that date onwards.

This is my opinion not legal advice.

[bhagatali]

1. Form I539. Instructions and details available at http://www.uscis.gov/i-539
2. 2-4 Months. There is no premium processing for dependent visa.
3. Yes as long as COS is applied before her last pay day, also max 240 days while pending.
4. There is a COS start date that can be requested in the I539. Advisable to stop working from that date onwards.

This is my opinion not legal advice.

Thank you so much raghvi.

[ernidhi20]

L1B to H4 while in US without cancellation of L1B

Hi,

I am in a similar situation. I have L1B VISA and my husband has H1B VISA. As my current assignment is getting over, I am planning to switch to H4 visa so that I can continue to stay with family in US rather than returning to India. I have below concerns:
1) If I file COS for L1B to H4 , am I allowed to legally continue my stay in US once I get the H4 receipt.
2) What would be my status while transition, i.e, after I have received H4 receipt and H4 approval is still pending.
3) My company is not ready to run my payroll while I stay in US after I have applied for H4, they are however ready to approve my sabbatical leaves(leave without pay). So if my status remains L while h4 transition is happening, am I legal to stay in US without my company running my payroll?
4) If my company finds a project for me in some time, do I have to get L1 stamping done again from my home country or can I get a COS done from US?

-Thanks

[raghvi]

Hi,

I am in a similar situation. I have L1B VISA and my husband has H1B VISA. As my current assignment is getting over, I am planning to switch to H4 visa so that I can continue to stay with family in US rather than returning to India. I have below concerns:
1) If I file COS for L1B to H4 , am I allowed to legally continue my stay in US once I get the H4 receipt.
2) What would be my status while transition, i.e, after I have received H4 receipt and H4 approval is still pending.
3) My company is not ready to run my payroll while I stay in US after I have applied for H4, they are however ready to approve my sabbatical leaves(leave without pay). So if my status remains L while h4 transition is happening, am I legal to stay in US without my company running my payroll?
4) If my company finds a project for me in some time, do I have to get L1 stamping done again from my home country or can I get a COS done from US?

-Thanks

1. Yes.
2. You would be in what is called " period of authorized stay" But you cannot continue to work for L1 employer.
3. There is nothing called leave without pay. As you applied Change of Status to H4 you technically are no longer in valid L1 status. You are legal to stay with the receipt as long as you not working for L1 employer.
4. That can be a problem. A COS to H4 visa is typically taking 4-6 Months, and with no expedited processing available, if employer does find a project for you, you have two options:

Apply for cancellation of COS to H4, which will make you out of status from your last day onwards, leave US and re enter on L1 visa.
OR
Leave US, apply for H4 visa at consulate outside US, re enter US in H4 status, and then apply H4 to L1 COS in premium and work post that approval.

This is my opinion not legal advice.