Can I Change My US Visa Status from L1B to H4 Dependent While My Husband's H1B Extension is in Process?

The ability to change from an L1B visa to an H4 dependent status primarily depends on the status and duration of your husband's H1B extension. It is important to understand the nuances and requirements involved in this process to ensure a smooth transition.

Is It Possible to Change Status During an H1B Extension?

Yes, it is possible to apply concurrently for an H4 dependent status while your husband's H1B extension is pending. This approach can be beneficial as it allows you to further your residence and possibly start the green card process simultaneously.

Work Authorization and EAD

However, it's crucial to note that without an approved I-140 form and pending EAD (Employment Authorization Document), you cannot work legally in the United States. If your wife has not yet received an approved I-140, you will need to submit an application for an EAD. This process can take several months and you should prepare for potential delays.

Steps to Request a Change of Status

If you and your husband are ready to take the risk, you can request a change of status with a start date of September 2017 based on your husband's pending H1B extension. Here are the key steps you should follow:

Legal Document Review: USCIS may issue a Request for Evidence (RFE) requesting copies of your husband's H-1B approval notice. Ensure that all your documents are in order and ready to submit. Legal Assistance: Consider consulting an immigration attorney. This can help navigate the complex process and increase the chances of a successful application. Green Card Application: Concurrently, you may apply for a green card if your husband's H1B extension is pending. This is a long-term solution that provides stability and potential work authorization. Additional Documentation: Collect any relevant documents from your previous company if you plan to use them in future applications.

It is also important to check if your current employer could have filed an H1B application before your visa expired. This proactive step can help prevent unnecessary delays.

Independent H4 Petition Option

Another option is to apply for an H4 visa independently from your spouse’s company. An H4 visa does not allow you to work in the U.S. However, you can apply for an EAD once your spouse’s I-140 is approved, which can provide you with work authorization.

Conclusion

While it is possible to change your US visa status from L1B to H4 dependent during your husband's H1B extension, it is essential to consider the implications of each step. Whether you opt to request a concurrent change of status or apply for an independent H4 visa, thorough planning and possibly legal assistance can make the process smoother and more successful.

All the best in your visa and immigration journey!