Legal Question in Immigration Law in Illinois

Re: llc and H type visa

You are correct in that your wife is eligible to work as an L-2 holder in an "open employment" sense since the USCIS authorizes L-2 holders to work in any field of reasonable employment. However once she converts to H-4 status she will not be eligible to work in that capacity.

However, your wife may be eligible to work if both you and your spouse are eligible to file "concurrently," wherein "Concurrent Filing" means the filing of your application for adjustment of status (I-485) either at the same time that your employer (or you, in the case of Extraordinary Ability or National Interest Waiver petitions) file an immigrant visa petition (I-140), or the filing the I-485 while the I-140 is still pending. Concurrent filing became possible as a result of a new interim rule that came into effect on July 31, 2002, and is limited to individuals who fall under the first three employment based categories: EB1 (Extraordinary Ability Aliens, Outstanding Researchers, Multinational Managers/Executives); EB2 (Advanced Degree professionals and Aliens of Exceptional Ability); and EB3 (Professionals and Skilled Workers). Prior to this new rule, one had to wait until I-140 approval to file the I-485 application. This Rule sets forth two alternative methods for concurrent filing: (1) the I-140 and I-485 can be filed together; or (2) the I-140 can be filed first, followed by an I-485 filing that includes a copy of the I-140 receipt notice.

This interim rule was enacted by the USCIS on July 31, 2002, without any advance warnings. The American Immigration Lawyers Association was requesting this change for a long time. However, it appears that this rule change came about as a result of increased concerns for National Security. By accepting I-485 applications concurrently with I-140 petition processing, the USCIS can search their system and obtain finger print checks at an earlier time. They believe that this will help them to apprehend terrorists and other criminals. As mentioned above, this is an interim rule. If and when the USCIS issues a final rule, it may be different from the Interim rule. Until a final regulation is issued, the interim rule is in effect.

Please telephone the office at (212) 618-1830 to deteremine if you and your wife qualify.