L2 to H1B COS

[debanjana.ghosh]

Hello All,

I am presently with L2 visa and currently employed with a University. My L2 visa is going to expire September 30, 2015. Since my spouse's H1B was approved, automatically my visa status will change to H4 from October 1,2015.

Meanwhile, my current employer (same University) wants to file H1B for me. My questions are:

1. Is it possible to file H1B before September 30, 2015 without on COS from L2? How much time is needed?
2. How much time is needed for if my employer files change of status from L2 to H1B?
3. If H1B gets approved do I need to cancel H4 status to continue my job from October 1, 2015?
4. Once I get the approval for H1B does H4 gets cancelled automatically?
5. Does this H1B cap applicable to me?

Thanks a lot.
Please try to reply ASAP.
DG

[raghvi]

Hello All,

I am presently with L2 visa and currently employed with a University. My L2 visa is going to expire September 30, 2015. Since my spouse's H1B was approved, automatically my visa status will change to H4 from October 1,2015.

Meanwhile, my current employer (same University) wants to file H1B for me. My questions are:

1. Is it possible to file H1B before September 30, 2015 without on COS from L2? How much time is needed?
2. How much time is needed for if my employer files change of status from L2 to H1B?
3. If H1B gets approved do I need to cancel H4 status to continue my job from October 1, 2015?
4. Once I get the approval for H1B does H4 gets cancelled automatically?
5. Does this H1B cap applicable to me?

Thanks a lot.
Please try to reply ASAP.
DG

Firstly, your move from L2 to H4 would not happen automatically. It has to be requested by filing a COS. Secondly you need to determine if at all your University comes under the cap exempt category. Read : http://www.uscis.gov/sites/default/f...c21c060606.pdf

1. If your university does indeed come under the cap exempt category then yes, it is possible to file a COS from L2 to H1. It can take 2-4 weeks in premium processing and 2-4 Months in normal processing. Do check as I believe currently premium processing may be suspended.
2. See above.
3. Yes. But first determine if H4 was applied or not.
4. No.
5. You need to check based on the eligibility. Are you the first H1 done by the university?

This is my opinion not legal advice.

[debanjana.ghosh]

L2 to H1B COS

Firstly, your move from L2 to H4 would not happen automatically. It has to be requested by filing a COS. Secondly you need to determine if at all your University comes under the cap exempt category. Read : http://www.uscis.gov/sites/default/f...c21c060606.pdf

1. If your university does indeed come under the cap exempt category then yes, it is possible to file a COS from L2 to H1. It can take 2-4 weeks in premium processing and 2-4 Months in normal processing. Do check as I believe currently premium processing may be suspended.
2. See above.
3. Yes. But first determine if H4 was applied or not.
4. No.
5. You need to check based on the eligibility. Are you the first H1 done by the university?

This is my opinion not legal advice.

Thank you very much for your informative reply.
My university comes under cap exemption.

I still have few more questions.

1. As of now I was working as postdoc with L2, however, my university is preparing to hire for faculty position do I still have to go through COS from L2 to H1B?
2. Is it possible to file a new H1B petition for the new position?

Thanks a lot.
DG