cgw_vince

Hello !

My L1 Visa just had 2 years. I'd like to know how to change it for an H1B. I read that it is possible, and that my company has to do the I129 form.

What about the laber certification ?? In fact, I still have the same position, same field, same company...same everything. Can the INS use the previous laber cerification ?

My wife and my son have L2 Visas, what do they have to do ?

Thank you for your help.

Michael E. Piston

The procedure does involve filing an I-129 with an H supplement, but the devil in the details and in H-1B devils abound. Note that among other things, the job you are doing must require at least a bachelor's degree in a specialized field or its equivalent in education, training and/or work experience and you must have that degree or its equivalent, and the employer must pay you the "prevailing wage" for this position. Note also that merely changing your status from L-1 to H-1B is not going to have any effect whatsoever on your labor certification, assuming that the job which you perform doesn't change.
Michael E. Piston
Attorney at Law
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Fax: 248/680-0627

Responses have not been confirmed by research, are not intended as legal advice, and do not create an attorney client relationship. Feel free to e-mail me at [email protected] if you desire further information

Michael E. Piston

Your wife and children must also apply for a change of status from L-2 to H-4 when you apply to change to H-1B. Note that although your wife may apply for employment authorization as an L-2, as an H-4 she will not be eligible for employment authorization.

Michael E. Piston
Attorney at Law
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Fax: 248/680-0627

Responses have not been confirmed by research, are not intended as legal advice, and do not create an attorney client relationship. Feel free to e-mail me at [email protected] if you desire further information

boomer2

If you can stay L-1, do it at all costs. Green card application for L-1 holders is a breeze, H-1B is a nightmare. If you can apply for your green card now before your visa expires do it, then apply for an extension based on a pending application. You will regret H-1B status.

Ivonne

I agree with boomer.

why do you want to change to H1B? You wife can't work as H4 (but can as L2), and if you have L1A, it is the best what can happen to you if going through GC process