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Immigration Issues/Change of status L2 to H1B


I am in L2 visa (EAD) working for employer A and my Spouse in L1 working for employer B, both of our visas expires on July 30, 2013

Now, I am planning to apply for my visa conversion L-2 to H-1B (COS) for this year through my employer A, My Spouse employer B is also applying for visa conversion L1 to H1B (COS) for this year.
If both employers (A and B) are applying for different COS for my L2 visa at the same time, then what will be my final visa status on October 1, 2012

How do I need to work out to have my visa status as H1B on Oct 01, 2012?  Below options will help me in any ways?

1.   Can I Request spouse employer (B) not to process COS (L2 to H4) for my visa? (Since employer A is my current visa sponsor and legally I am not sure how feasible is to stop them to process COS for my visa)

2.     Can I opt for premium processing for COS (L2 to H1B) to get it approved sooner before my spouse employer (B) apply to change my status to H4?

Kindly advise me all the legal ways to have my visa status as H1B on Oct, 2012

Hi Samuel,

1. You should inform your spouse's employer that you wish to work and therefore will not be needing a H4 visa.  You will be independently seeking to change status to H1b before October 1, 2012 and that they do not need to spend the resources to change your status.

2. You should utilize premium processing to get an answer from USCIS and if approved, you can show the approval notice to your spouse's employer so that they know you don't need a change of status to H4.

3. Employer B is under no legal obligation to change your status.  I think that they will be happy knowing that they don't need to change your visa status for you.  It saves them time.

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Jack Sung


Can answer: Immigration and visa issues Can't answer: Everything else


Been a practicing immigration attorney for 4 years.

Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Southwestern International Law Journal

J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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