L1 to H4?

G

gudli618

New Member
Hi
My wife is currently on L1 visa and based in NJ. Her work is getting over on Jun 30 and company may ask her to go back to India unless they find a project for her. I am currently on H1B visa and I just got my extension approved (May 22) but I am yet to recieve the extension petition papers (my company says will take around 10-20 days). Before I pose my questions I would like to let you know thar my wife still has valid B1/B2 visa and during her L1 stamping in March this year US consulate cancelled her H4 visa with "Cancelled without prejudice" message. Due to this I did'nt file her H4 extension when I applied for my H1B extension.
Now my question is if the company asks her to go back can she convert back to H4 visa without leaving US.
2) If this conversion is possible will there be any issues since her H4 is already cancelled.
3) When should I file for status change. Do I have enogh time.
4) Will she be out of status if she resigns here and stay back.

Will be really obliged if someone can reply back my questions. Also pls let me know if there are any other ways for her to stay back.

Thanks,
Satya.
 
The answer to the first question is yes.
2) No. It's just that after the change of status application from L-1 to H-4 is approved, whenever she gets outside the U.S., she has to get a new H-4 visa on her passport before she returns to the U.S.
3) SHE (not you) has to file a change of status application before June 30.
4) Yes
 
Thanks a lot for replying back. Coming back to point 2, I guess form I-539 is required for status change.
1. Do I need to take a lawyer/attorney's assistance or I can do it on my own.
2. Also does the 45 day rule to apply for status change is valid in this case.
Please let me know.
Thanks again.
 
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