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L1A Visa to H4 Change of Status

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  • L1A Visa to H4 Change of Status

    Hello,

    I am looking for some information on this situation. Would be helpful if someone can share their knowledge on the matter -

    I am currently on L1 visa in the US working with my L1 petitioning employer. I am looking to change to H4 status on my spouse's H1B effective Apr 1 2023 (my spouse received the H1B 2 months back). Questions I have are -

    1. Once I apply for change of status I539, will I still be considered under my the L1 status?
    2. Once I apply for change of status I539, will I be eligible to continue employment with my current employer while the H4 COS approval is pending?​
    3. If the H4 COS approval doesn't come by Apr 1 2023, can I still continue employment with current employer till H4 COS approval comes?
    4. Can I apply for EAD along with the H4 change of status to get the EAD approval by Apr 1 2023?
    5. Is there a better way to change from L1 to H4 status to ensure I maintain continuous work authorization status and can keep working for either the current or a new employer ?

    thanks,


  • #2
    Originally posted by dpk3025 View Post
    1. Once I apply for change of status I539, will I still be considered under my the L1 status?
    Your status changes only when the COS application is approved.
    Originally posted by dpk3025 View Post
    ​2. Once I apply for change of status I539, will I be eligible to continue employment with my current employer while the H4 COS approval is pending?​
    Yes, while its pending you are still under L1 status.
    Originally posted by dpk3025 View Post
    ​​3. If the H4 COS approval doesn't come by Apr 1 2023, can I still continue employment with current employer till H4 COS approval comes?
    Yes, until it is approved you are still under L1 status. & can continue to work.
    Originally posted by dpk3025 View Post
    ​​4. Can I apply for EAD along with the H4 change of status to get the EAD approval by Apr 1 2023?
    Yes, you can apply, but there is no guarantee that your EAD will be approved with COS, it might come later & you won't be able to work during that period.
    Originally posted by dpk3025 View Post
    ​​5. Is there a better way to change from L1 to H4 status to ensure I maintain continuous work authorization status and can keep working for either the current or a new employer ?
    You can travel outside USA & re-enter after getting H4 stamp & apply for EAD.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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