Legal Question in Immigration Law in New Jersey

If she is currently abroad and her future US employer filed a H1B petition for her, it means that she has to apply for H1B visa at the US consulate abroad. Unless a petition is filed for a change of status, she will need to apply for a visa before coming to USA.

If she is in L2 status, that is a separate status and there are different rules. It's often more beneficial than H1B status.

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Hi,

It appears that your wife is abroad. If so, she can apply for L2 visa stamp now, and upon entry to the U.S. she will be in L2 status. If H1B is approved, she can choose to remain in L2 status by taking no action. Alternatively, if after entry to the U.S. she wants to change status to H1B based on USCIS approval of H1B petition, she can either depart the U.S. again, be issued H1B visa stamp at a U.S. Consulate, and enter using H1B visa stamp, or else ask the H1B employer to file another H1B petition requesting change of status from L2 to H1B.

You can call our law firm at 212-268-3580 during business hours or email [email protected] for guidance.