H1 to L2 transfer in US

[snowknow19]

Hi All,

I am currently working on H1 which is recently got extended and needs to get stamped. My project is suddenly getting closed

by this month end.
My spouse is currently working on L1. I am planning to change to L2.
1) Is there any way that I can change from H1 to L2 without going out of USA? If it is possible please let me know what is

the procedure and what would be the cost invloved to get it done?
2) If I get changed to L2, is my H1 petition is still going to be valid if I want to use it?

Thanks in advance.

[kabkaba]

Hi All,

I am currently working on H1 which is recently got extended and needs to get stamped. My project is suddenly getting closed

by this month end.
My spouse is currently working on L1. I am planning to change to L2.
1) Is there any way that I can change from H1 to L2 without going out of USA? If it is possible please let me know what is

Yes it is called change of status. Check form I-539 on USCIS website.

the procedure and what would be the cost invloved to get it done?
2) If I get changed to L2, is my H1 petition is still going to be valid if I want to use it?

Depending on whether your employer has the job for you, it remains valid.

Thanks in advance.

Answers above.

[snowknow19]

Thanks for your reply

I have still a question on transfer to L2 from my H1.

Can you please let me know that I can go with Change of Status without any issues though I do not have valid I-94 now (because my I-94 is expired on 30-Sep-2009 but I have valid petetion till 10-Jun-2011)?

Thanks in advance.

[shervin143]

Valid petition means nothing without a valid I-94. If your I-94 has expired on 30th September, then your presence in U.S after 30th September is illegal. When you are illegal, COS is not possible. If you continue your illegal stay for more than 6 months, you could get up to 3 year ban. If you continue to be an illegal immigrant for more than 12 months, you could get up to 10 year ban.

Can you please let me know that I can go with Change of Status without any issues though I do not have valid I-94 now (because my I-94 is expired on 30-Sep-2009 but I have valid petetion till 10-Jun-2011)?

[kabkaba]

Does your extended petition approval notice have another I-94 at the bottom of it? If not you are illegal and should consult an attorney and leave the US asap to avoid any future problems.