L1B to H1B

[sthomas14]

Hi All,

I'm currently working in USA with a L1B visa. My employer is filing for H1B tis year. My L1 started in April 2017. To be on a safer side, my employer wants to file H1B.
My spouse has an L2 EAD.

My question is:
1. If my employer files for H1b this year. Can they simultaneously start filing for green card. I'm asking this because my husband is currently working with his L2 visa. If his visa gets converted from L2 to H4 he will have to leave his job. IS there a way he can still keep working?

Thank you.

[scientist2016]

Hi All,

I'm currently working in USA with a L1B visa. My employer is filing for H1B tis year. My L1 started in April 2017. To be on a safer side, my employer wants to file H1B.
My spouse has an L2 EAD.

My question is:
1. If my employer files for H1b this year. Can they simultaneously start filing for green card. I'm asking this because my husband is currently working with his L2 visa. If his visa gets converted from L2 to H4 he will have to leave his job. IS there a way he can still keep working?

Thank you.

Green card and your visa status are two different things. Your employer can file for your GC anytime. In fact you need not be even employed with them, and not even in the US. GC is for future employment. If you switch to H1, then yes your husband's L2 will become invalid, and he cannot work.

[sthomas14]

Great, Thank you so much!