Immigration Issues/L1 to H1

Advertisement


Question
1) I am currently on L1 visa and i do have a valid H1B which was valid from 2005 till 2008 but i did not work on H1B. Now, I am planning to shift from L1 to H1B. Will there be any problems?
2) My wife is on L2 visa and she had got her EAD, If i change my status from L1 to H1 will her EAD be valid? Does she also had to change to H4 as soon as start working on H1B?
3) Since my L1 is valid till 2008,Can she be on L2 Status even if i change to H1?
4) WE are planning to apply for SSN with her EAD and L2 Visa documents. What if i change my status to H1? will the SSN still be valid?


Answer
Hi Chandra,

In order to active H-1B status, you need to apply at a U.S. Consulate abroad for an H-1B visa, and then enter the U.S. on the H-1B visa. You will apply for the H-1B visa based on the H-1B approval notice that you already have from the USCIS.

Your wife will lose her L-2 status as soon as you enter the U.S. on H-1B visa. Therefore, your wife should depart the U.S. and apply for H-4 visa at a U.S. Consulate (she can apply at the same time as you, but not before you), and then enter the U.S. at the same time as you (she can also enter the U.S. later than you). She cannot be employed in H-4 status.

Your wife's ssn will still be valid, but she cannot be employed in H-4 visa status.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.