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L2 to L1 or H1 Transfer

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  • L2 to L1 or H1 Transfer

    Hi,

    I am on L1 Visa and my wife is currently on L2 Visa which is expiring in Nov'12.

    Question 1: I am on L1 Visa and my company has filed H1B for me and H4 for my wife last week for me under 2013 Cap, once I get the petition approved, my I-94 will be changed (L1 to H1), correct?
    In this case my wife can still work on L2 untill its valid, correct?

    Question 2: How can my wife continue to work either on L1/L2/H1 after the L2 is expired? In either cases does my wife needs to go back to India for stamping? What will be the best option L1 Or H1? Can the EAD for L2 be extended?


    Thanks
    Gaurav

  • #2
    I am on L1 Visa and my wife is currently on L2 Visa which is expiring in Nov'12.

    Question 1: I am on L1 Visa and my company has filed H1B for me and H4 for my wife last week for me under 2013 Cap, once I get the petition approved, my I-94 will be changed (L1 to H1), correct?
    In this case my wife can still work on L2 untill its valid, correct?
    >>> Is the H1B filed under a new CAP? If yes, then your H1B (if approved) will be effective from Oct 1st and your wife cannot work as of Oct 1st since she will no longer be in L2 status.

    Question 2: How can my wife continue to work either on L1/L2/H1 after the L2 is expired? In either cases does my wife needs to go back to India for stamping? What will be the best option L1 Or H1? Can the EAD for L2 be extended?
    >>> H4 cannot work. If your wife want to work beyond your H1B effective date, then she need to find an employer who can file H1B for her. She cannot work until the H1B COS gets approved. She doesn't need to leave the country as long as the COS gets approved (with a new I-94).
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      L2 to L1 Transfer

      If a person has L2 visa valid till Nov'12 and currently working for a company. Now if the comany files for a new L1 Visa so that the person can continue working, for L2 to L1 transfer, does the person needs to go back to the home country to get the L1 Visa stamped?

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      • #4
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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