L2 to H1b

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Old Sep 21st 2011, 12:59 pm
  #1  
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Default L2 to H1b

I'll keep this as quick as I can while providing as much context as I can.

Me and my wife are from Europe, in the US, I have a L1A and she a L2.
Her family are in the US and it's vital that she has security here.
We've been here 1 year now.

I've had some scares with my job in the past ( employment at will is unsettling and in these times loads of changes are the one thing that is constant) and we're trying to find ways to make life here, especially for her, more secure.

Green cards would be ideal, but ( see other post) I know it's a hard sell with my employers and take time.

She has a good job and they are open to allowing her to get an H1b. Now while it's certainly a relatively safe role, I am aware it's likely she'd get frustrated in a few years and want to move company.

So questions.
- The L2 to H1B seems a bit of a downgrade, will applying for it seem in any way suspicious?
- I presume that her making this status will somehow not turn my L1A to a H4 automatically - just want to check.
- Can she revert back to L2 from H1b at any time?

And thoughts.
While I can see that her having a H1b makes her less reliant on stability from me, it does seem to create more instability in that it ties here to a role and to a location to perform that role. I think also if I were to apply for a Greencard it could complicate things. Please let me know any gut feelings you have about this.

Really appreciate any thoughts.
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Old Sep 22nd 2011, 12:11 am
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Default Re: L2 to H1b

Originally Posted by Newbie1001
The L2 to H1B seems a bit of a downgrade, will applying for it seem in any way suspicious?
No. However, with the L-2 she can work for anyone she wants... including herself. With the H-1B, she must work for her sponsoring employer. If she gets the H-1B and you lose your L-1A status, you can get H-4 status... and get some well-deserved rest, since you wouldn't be allowed to work.


I presume that her making this status will somehow not turn my L1A to a H4 automatically - just want to check.
No. As long as your L-1A is valid you remain in that status.


Can she revert back to L2 from H1b at any time?
Yes, as long as your L-1A is valid.

Ian
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