Legal Question in Immigration Law in Delaware

L2 to H4

Recently my husband's visa status changed from L1 to H1. But i think he had not filed for COS for the family from L2 to H4. Now i want to file for my H1 from my earlier employer and the lawyer is asking for H4 approval. Can i file for H1 without the H4 approval and provide my husband's approval notice anmd salary slips instead?

Am i currently out of status? How do we fix this problem?


Asked on 2/15/08, 10:45 am

1 Answer from Attorneys
Janet Greathouse Greathouse Law Firm

Re: L2 to H4

You should have done a change of status when your husband changed status or obtained an H4 visa stamp. You cannot submit your husband's approval notice with your H1 petition.

You should explain your situation to the lawyer working on your case. Based on the information you provided, you likely will not be eligible to change status. However, if you otherwise meet the eligibility requirements for an H-1B, there is a chance that you could get an H-1B approved, but leave the US and re-enter with an H-1B visa stamp to activate your H-1B.

However, you will not be able to activate your H-1B until October 1 and you should not remain in the United States without status.

As I stated, you need to explain the situation to your lawyer, who should be able to assist you in finding the appropriate solution to your situation.

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Answered on 2/15/08, 12:06 pm


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