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Immigration Issues/question regarding L1 to H1 transfer


Hi, My husband is currently on L1 with company A. He applied for H1 with company B in March 2007 and got the approval for the same in May 2007 with the same I94. The I94 on L1 and I94 on H1 approval are both the same. I had also applied for H1 along with him but couldn't get through the lottery process and am currently on L2. Now my question is:
1) when will his visa status change to H1.
2) will he be able to continue to work on L1 with company A till the end of this year or December.
3) i have not yet applied for H4, who will do it for me and what is the process for doing it.
4) some people have told me that my husbands status would change in October and he will then be H1 and his L1 will no longer be valid. What will be my status then?

Thanks for your time and answers, in advance.


1.  His status will change to H1 from the effective date of the H1.
2.  No.
3.  You must apply for an H4 you can either do it yourself or hire an attorney to do it for you.
4.  Once his status changes from L1 to H1 you are no longer on L2 and will be out of status.  You MUST file your H4 now if you want to stay in status.
Mark Ashley

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Mark Ashley


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,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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