L-1 to F-2/H-4?

[love_eternal]

Hello

I am doing my MS in US and plan to graduate in Sep 2008 and start working from 1st Oct 2008 on OPT, so my OPT expires on 1st Oct 2009. My employer will file my H-1B on 1st April 2009 and assume I get it on 1st Oct 2009.

Now I am planning to marry a girl who is in US right now on L-1 visa till Feb 2009.

I have following queries:
1. If she resigns from her job, will her L-1 visa be invalidated? Or can she get a job in US on the same L-1?

2. If her L-1 becomes invalid, then can she get a F-2 dependant visa when I would be working on my OPT? Is it risky for my H1B petition?

3. Which one is better for her - to apply for F-2 while I am on my OPT (and F-1) or for H-4 once I get my H-1B? Which route is less risky?

Thanks in advance.

[DMX17]

L1 visa is tied to the L1 employer. The L1 employee can only work for the employer who filed for the L1 and cannot transfer to other emplyers. So, option 1 is out of question.

She can apply for a Change of Status to F2 based on your F1 (OPT or NOT does not matter) after you get married. H4 is only possible when you have an H1. If she resigns the L1 job, she loses her L1 status. So, a timely COS to F2 is an option. This does not affect your H1 petition.

[love_eternal]

Thanks for your prompt response.

Can this COS be done in the US itself if she is in in lawful status in US i.e. on L1?

Once my wife gets a COS from L1 to F2 or H4 (depending when we apply), can she get the corresponding visa from US consulate in Canada/Mexico?

How and where is this COS from L1 to F2/H4 done in the US? Can you please redirect me to the website/URL where I can get this information.

If the current employer of my wife allows her to work for more no. of years in the US on L-1, is there a way she can work on her L-1 after marrying me? The big hitch I see at this moment is I may work in a different city/state and we won't be together then? Any way to solve this problem? Is her resignation from her job (and thereby losing her L-1) the only way?

Thanks in advance!

[DMX17]

See comments in Blue

Thanks for your prompt response.

Can this COS be done in the US itself if she is in in lawful status in US i.e. on L1?

-- A COS is always done when the applicant is in the US and has maintained legal status

Once my wife gets a COS from L1 to F2 or H4 (depending when we apply), can she get the corresponding visa from US consulate in Canada/Mexico?

-- A visa is only needed when she enter the U.S on H4/F2. One can stay here with an approved COS. She can go to Mexico/Canada for stamping if she wants

How and where is this COS from L1 to F2/H4 done in the US? Can you please redirect me to the website/URL where I can get this information.

-- Search (google) I-539. It's on USCIS.gov

If the current employer of my wife allows her to work for more no. of years in the US on L-1, is there a way she can work on her L-1 after marrying me? The big hitch I see at this moment is I may work in a different city/state and we won't be together then? Any way to solve this problem? Is her resignation from her job (and thereby losing her L-1) the only way?

-- If she wants to continue work, then do not apply for COS. Once a COS is approved, she cannot work because F2/H4 do not allow work. Other things you decide.

Thanks in advance!