L-1B to H4 in order to apply for EAD

[gaurkuma]

Hi,

 

My wife is currently on L1-B Visa. Her Visa will be expiring next month but she can still work (as per her company lawyers) based on her I-94 which is valid till next year (March 2016). For the past 3 years we have been trying for H1-B but couldn't get it. The only light we see is to apply for EAD (based on the new ruling for approved I-140 holder's) but for that she needs to become dependent and have a H-4 Visa. Here are few questions we need some inputs on:

 

1. Can we apply for H4 Visa while working on L1-B? I am not sure about the process but if the answer is yes, how do we show her as a dependent when she is working. 

2.  Assuming, we can apply for H4 while on L1-B, once the H-4 is approved, can she still keep working on L1-B and not file a changes of status. And in this case, can she apply for EAD (without filing a H4 COS). 

3. Does she need to go out of the country for stamping purposes after her H-4 gets approved?

 

Any response is highly appreciated. Thanks guys.

[jairichi]

1. Yes, if you are maintaining valid H1B status. She can file a COS to H4 using form I539. It takes 3 to 4 months to get approval.

2. Yes, she can work till her COS to H4 is approved. Once approved she has to stop working till her EAD gets approved.

3. If her H4 approval notice comes with an I94 there is no need for visa stamping.