H1B to L2 COS

[VinVish]

Hello,

My question is regarding H1B to L2 COS

My wife is on H1B and I am on L1B. What is the process for changing her H1B to L2. How long does the process take ?

Thanks in advance.

[livliv]

Two options,

1. File I-539.

2. Leave the US, obtain L2 Visa and return.

Either options must be done before her H1 I-94 expires or before she stops working for the H1 employer.

She can stop maintaining H1 status (stop working) anytime after she receives receipt for I-539. It will take 2 to 3 months for processing. After change of status is approved, she must stop working immediately, unless she also gets an L2 based EAD.

If she chooses to travel and return, she will have to apply for L2 based EAD after returning in L2 status.

Remember, either of these options does not invalidate the underlying H1 petition or her ability to get a cap-exempt H1 in future, unless she has completed 6 years of stay in the US counting H1 or L1 status.