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-   -   L1 to H1 transfer (https://www.askmehelpdesk.com/showthread.php?t=74991)

  • Mar 22, 2007, 07:26 PM
    manojtwok
    L1 to H1 transfer
    Me and My wife came here in US in Oct 2005. I was on L1 and my wife on L2. We got the Visa till Feb 2008.
    In Apr 2006 my company filed the application for H1B transfer and I got the new I-94 attached with H1B petition. That time I didn't file the transfer L2 to H4 for my wife.
    After getting my H1 in Oct 2006, I left my company and joined some other. After I joined them, They filed my H1 transfer from old company to new and also
    I asked them to file the change status from L2 to H4 for my wife. Now during this time, my wife had to travel to India for some work.

    I haven't got my tranferred H1 petition yet. It is still in pending state. I don't know how long they are going to take.
    My question is:since my wife has valid L2 visa stamped on her passport. Is she out of status?
    If yes, Can she travel and enter back into US with L2 visa?
  • Jul 29, 2007, 09:40 PM
    onortega
    Quote:

    Originally Posted by manojtwok
    Me and My wife came here in US in Oct 2005. I was on L1 and my wife on L2. We got the Visa till Feb 2008.
    In Apr 2006 my company filed the application for H1B transfer and I got the new I-94 attached with H1B petition. That time I didn't file the transfer L2 to H4 for my wife.
    After getting my H1 in Oct 2006, I left my company and joined some other. After I joined them, They filed my H1 transfer from old comapany to new and also
    I asked them to file the change status from L2 to H4 for my wife. Now during this time, my wife had to travel to India for some work.

    I haven't got my tranferred H1 petition yet. It is still in pending state. I don't know how long they are gonna take.
    My question is:since my wife has valid L2 visa stamped on her passport. Is she out of status??
    If yes, Can she travel and enter back into US with L2 visa??

    In our opinion, your wife is indeed out of L2 status, and she will not be able to legally travel back to the United States on her L2 visa.
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