conversion from L2 to H4

[hpsbsr]

Hi All,

Me n my wife have L1 and H1 respectively. My son currently is on L2.
We now want him to be a dependent of other parent, so want his visato be moved to H4.(reason is both parents might be located in different city for a while).

what shall be the process for changing my son's dependent status from L2 (of one parent) to H4 (of other). Will this require travelling to india for stamping?

Many thanks,
Rajul

[kabkaba]

A different location within the US does not make it necessary to change status. However, for the child to remain in L2 status, the L1 parent must be present in the US maintaining L1 status. Same for H4, the H1 parent must be present in the US maintaining H1 status.
In order to change status, you will have to file I-539. The form can be filed at any time before the L2 I-94 expires. As supporting documents you will need to attach both parents' passport copy, I-94 copy and paystubs as well as the child's passport copy, I-94 copy and birth certificate copy. Search for form and instructions on USCIS website. It takes 2 to 3 months to get a decision.
After change of status at any point of time the child leaves the US and wants to return in H4 status, he/she will need an H4 Visa. If he/she wants to return in L2 status and L2 Visa is valid at that time, there is no need to apply for any Visa.