H1 to L1

A

a819s

New Member
Initially I have been working with a company out of US for 2 years and currently I am in US for a year on h1b visa working for the same company. My spouse is on h4 visa. For my spouse to work I want to switch to L1 so that my spouse can obtain work authorisation on L2
Q. 1. Is this possible currently? Or will I have to work again out of US for another year with the same employer?
Q. 2. Is graduation necessary for L2 Employment Authorisation?
Q. 3. Will my H1B status go if I have L1 stamped?
Q. 4. Will I have to travel back to my country for L1 interview and stamping?
Your replies will be of great help.
Thank you.
 
1. Yes it's possible. One of the requirements for an L1 visa is that you worked for the employer outside of the US for one year or more in the last three years.
2. I'm not sure what you mean. There are no requirements, other than you maintaining L1 visa status so your spouse can have unrestricted employment authorization (EAD). Your spouse can work anywhere.
3. You (and your spouse) can change status here in the US by filing the appropriate forms. You will lose your H1b status as soon as the change of status has been approved. Please remember, the status of yoru spouse does not automatically change because your status changed.
4. To change status you do not need to go outside of the US. You only need to go back and get a new stamp in case you want to travel outside of the US and be able to come back.
Please double check with your attorney.
 
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