Legal Question in Immigration Law in New York

Re: Conversion of L1B to H1B

I would need more information regarding this particular case before I can comment on it properly.

However, please note that the conversion can happen while you are in the US because the H-1B visa is a temporary worker visa.

You will not have to go back to India while your application is being processed, unless something comes up in the immigration service investigation into the matter.

If your application is unsuccessful then, depending on the decision of the immigration service, you may be allowed to stay until your L-1B expires. However, they may ask you to leave.

When your application is filed for the H1-B your information will include your spouse if you are granted the H1-B your spouse she will get her visa changed as well.

Does your wife already have the L-2 visa? That is a valid visa to travel on until it has expired or the immigration service cancels it.

Patricia Martin-Gibbons

Re: Conversion of L1B to H1B

As long as there are currently H-1B visas available, you will be able to change status from an L-1B to an H-1B, but you won't be able to assume H-1B status until Oct. 1. Further, any time in L-1B status will count towards your time in H-1B status. Once your H-1B change of status is approved, you can work in the US pursuant to that H-1B. If it is denied, then you should speak with an attorney to discuss the consequences. Your wife can file an H-4 application at the same time as you file your H-1B. If either of you travel outside the US, then you will have to obtain H-1B or H-4 visas before entering the US.

You should consult with an immigration attorney to learn more about the process for both you and your wife.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.