L1 to H4 - 583..when ?

[vj66321]

My wife is currently on a L1 visa and her project is due to end by december 2007.

I'm on a H1 and also have 485, EAD applied for her and myself.

After her L1 she will wants to move to H4 and use her EAD and work for a different employer.

I heard that we can file a 583 (?) for her change of status and continue to stay in the US without stamp (pending and after approval) until she reenters the country.

We are not sure of the date when her project will get over.

When should we file her 583 for H4?

Can she continue to be on L1 even if 583 is approved?

Can she continue to stay in the country after quitting her L1 job from the day of filing her 583 just like how it is for H1 transfer?

 

[GotPR?]

If she is going to use EAD to work, I don't see the point to file 539 to change status to H4.

 

[vj66321]

If she is going to use EAD to work, I don't see the point to file 539 to change status to H4.

what if she doesnt get her EAD by then? she will have to change to H4.

please answer my queations (first post in thread) in this perspective, thanks.

 

[GotPR?]

here are pieces of puzzle you need to consider.

1. If she filed I485, she can stay in the US w/o H4 status(as long as I485 is pending)
2. She needs EAD if she wants to work.
3. If she used EAD, her H4 status becomes void.
4. If I485 gets denied for any reason, she goes out of status unless she has H4 status.


Based on #3, her H4 status gets void as soon as she used EAD. That is why I said it does not make sense to file H4 if she is going to use EAD to work.

After I539 approval, she can not be on L1 status. That is what change of status means.

 

[ginnu]

My wife is currently on a L1 visa and her project is due to end by december 2007.

I'm on a H1 and also have 485, EAD applied for her and myself.

After her L1 she will wants to move to H4 and use her EAD and work for a different employer.

I heard that we can file a 583 (?) for her change of status and continue to stay in the US without stamp (pending and after approval) until she reenters the country.

We are not sure of the date when her project will get over.

When should we file her 583 for H4?

Can she continue to be on L1 even if 583 is approved?

Can she continue to stay in the country after quitting her L1 job from the day of filing her 583 just like how it is for H1 transfer?

read what others have said, she can file for L1 to H4 COS that is not a problem, once her H4 is approved if she use EAD then she will not be on H4 status BUT if she goes out of US and that time YOU are on H1 then she can get H4 visa stamp and can enter again on H4 status (even if she used EAD in Past) if she uses EAD better she should apply for AP (it gets approved in 3-4 months) and if she goes out she can use AP for reentry to US.