Noorah101

Yes.

Rene

Tolga

Thanks, Rene.

Would having a pending L1 raise any eyebrows while applying for H4 at the PoE? I mean would it create a conflict such that I am seeking work authorization under L1 with my current employer, but I am not supposed to be "employed" under H4 while residing in the US.

ian-mstm

You can be in the US in one status only. You can be either in L-1 status or H-4 status... you can't be both at the same time. If you enter in H-4 status, you can't work. If you enter in L-1 status you can. You can't be in H-4 status and then begin work when your L-1 is approved. At that point, you must either have an approved change of status, or you must leave the US and re-enter with the L-1 visa.

Ian

Tolga

Thanks, Ian. I am aware of that.

Can I take vacation or leave of absence while residing in the US on H4 and waiting for L1 result? I mean can I still be employed by the company while applying for H4? Would being employed create a problem? Obviously, I would not work until my L1 is approved.

Tolga

Does my question above make sense?

ian-mstm

It's not as easy as that. The wording, AFAIK, says you can't be employed while in H-4 status. While this could be interpreted to mean that you can't be employed by a US employer, it could also be interpreted to mean that you can't be employed by anyone (including yourself) while in H-4 status. Now, would the US know that you're still employed? Probably not... but that's not quite the same thing as not being employed at all.

My guess is that vacation would not be appropriate, but a leave of absence might be. I think you'll want to do more research on this.

Ian