H4 to L1 - has anyone done it ?

[nka]

Greetings,

 

i recently got married and returned back to US. I work here on H1b with I-140 approved. My wife is still in India. Her employer has agreed to process an L1 sometime around october. they are willing to give her a sabbatical until then as well. My wife wants to join me here. 

 

Now the question arises.. what visa route should she take. B2 or H4.

 

While B2 seems an easy route to get here for few months until her L1 paperwork starts. VO may ask her why she is applying for B2 and not H4.

 

Some have suggested to check the H4 option as well. So far, I haven't heard from anyone whether H4 to L1 is possible or not. H4 to L1 seems a risky proposition because it clearly exposes the immigration intent or a possible favoring of the company to save the employee.

 

I am aware that COS may not be possible in either case and she will have to travel back to face another interview. Its the second interview that worries me.

 

Attorneys, experts and legal angels, please advise.

 

thanks for your time.

 

nka

[Attorney_23]

H-4 typically is a better option than B-2 when traveling to stay with a spouse. A person in H-4 status is permitted to have dual-intent, so "immigrant intent" simply isn't a factor. And, yes, a person may request a change from H-4 to L-1 status from within the United States.