What status will it be?

I

imanav

New Member
Hi all,

Hoping that somebody in this forum had gone through my situation earlier.

I am on L1B with company A. Recently my wife came to US on L2 and got an EAD. She has just started applying for jobs. Meanwhile, company B has filed my H1B (May 19, 2006) and is in process for 2006-2007. They also have submitted the I-539 to change my wife's status from L2 to H4 (June 15, 2006). We haven't got the approval notices yet, but just the receipt numbers.

Even after our H1/H4 gets approved (say Oct 1 2006), I am planning to work on L1 with company A till Dec 2006. In such case,
1). What would be my wife's status till Dec 2006? L2 or H4?
2). As long as I am on L1, is she eligible to accept employment even after her H4 gets approved?

Please help.
Thanks in advance for your responses.
 
Once your H1 is approved, you loose your L1 status. You can only maintain one status. And the latest approval is the valid status. Therefore, even if you have a valid L1, say till Dec 2007 and your H1 is approved on Sept 20, your status will automatically convert to H1 from Oct 1, 2006, as the H1 is valid from Oct 1. And when your H1 is approved, your wife looses her L2 status, as the L2 is based on your L1. She will be in a transition phase, where she cannot work. And once her H4 comes thru, she will be on a H4, and she cannot work even then.

On a side note: You can stay in L1 status only if your H1 is filed such that you have to leave the country to get a H1B visa. If it was a change to status from L1 to H1 without leaving the country, then the above description applies. For exact details contact your lawyer that filed the H1B.

imanav said:
Hi all,

Hoping that somebody in this forum had gone through my situation earlier.

I am on L1B with company A. Recently my wife came to US on L2 and got an EAD. She has just started applying for jobs. Meanwhile, company B has filed my H1B (May 19, 2006) and is in process for 2006-2007. They also have submitted the I-539 to change my wife's status from L2 to H4 (June 15, 2006). We haven't got the approval notices yet, but just the receipt numbers.

Even after our H1/H4 gets approved (say Oct 1 2006), I am planning to work on L1 with company A till Dec 2006. In such case,
1). What would be my wife's status till Dec 2006? L2 or H4?
2). As long as I am on L1, is she eligible to accept employment even after her H4 gets approved?

Please help.
Thanks in advance for your responses.
Click to expand...
 
So sep 30 last date for L2?

Thanks for your reply.

So, I guess even if my wife gets a job now, she has to resign on Sep 30, 2006, right?
 
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