QUESTION
What is the process for change of status from L1 and L2 to H4 and how long does it take?
Asked on Mar 24th, 2012 on Immigration - California
More details to this question:
Can you please let me know the process of change of status from L1 of my wife and L2 of my son to move over to H4. How long does it take? How early can it be started, meaning if the L1 expiry by May , should the process well before or nearing the expiry date?
4 ANSWERS
That is simple. An I-539 is what is needed.
Answered on Mar 26th, 2012 at 6:24 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Assuming you will be in H1 status, your wife and child under 21 may change their status to H1. It may take 2 months for the USCIS to adjudicate the application. Please note time spent in L status will be deducted from your H status. For example, if you have been in L status for 5 years, you can only have one year in H status.
Answered on Mar 26th, 2012 at 6:15 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You must apply by completing Forms I-539 with supplement-1. And once filed, you can remain in the US even beyond the expiration of your current status. The process takes between 2 and 3 months.
Answered on Mar 26th, 2012 at 5:15 PM
They would need to file a change of status petition with the USCIS and pay the appropriate filing fee as well as submit documentation proving that they have a qualifying family relationship to you, the principal H-1B holder, as well as proof of your status. As far as the timing of it, it can be done at any point up to the expiration date of the current L-1/L-2 EAD, as long as your wife is still in current L-1 status.
Answered on Mar 26th, 2012 at 5:15 PM