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Immigration Issues/L1 to H1 and L2-H4-F1

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Question
Hi,
I am currently on L1 Visa and got my H1 approved on Oct 4th 2007.
1) I am planning to look for Jobs on H1 from Jan is that ok or do i need to work on H1 visa immediately

My wife is L2 Visa and she i got my H1 Approved, her status is changed to H4 visa.She is currently doing her MS
1) How can she change her status to F1 Visa
2) How many days it will take to convert from H4 to F1
2) She wanted to convert to F1 because she will loose the intermship of she is H4 visa. When should we do that
3) Once we change her status to F1, how many days it takes to get OPT
4) her course will be completed by Dec 2008, can we apply H1 for her during the next cycle, if so will it affect her MS degree

Please let us know as we are in confused state on what needs to be done

Thanks
Chandra

Answer
Chandra,
1.  You are wrong.  You are not on L1 you are now on H status.  To maintain this status you need to be employed by the H employer.  As of this moment you are violating the H1 rules and could jeopardize your status.

1.  Your wife has to apply for an F1 visa form I539.  Note, if you are not in legal status she is not either as you state she is in H4 status.

She can apply for F1 on the next cycle provided she has maintained her status.  

I would suggest that you consult an attorney to avoid the problems that you are creating.
Good luck.
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

Expertise

Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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