The H4 to L1 change of status is a process that involves switching from an H4 visa to an L1 visa in the United States. This change of status allows individuals who were previously dependent spouses or children of L1 visa holders to become employees of an L1 sponsoring company. In this introduction, we will explore the key considerations, requirements, and steps involved in this process.
Understanding the H4 Visa
The H4 visa is a non-immigrant visa that allows the dependent spouse and unmarried children under the age of 21 of an H1B visa holder to accompany them to the United States. The H1B visa is a temporary work visa that allows skilled foreign workers to work in the US for a maximum period of six years. The H4 visa is tied to the H1B visa, and the dependents can only stay in the US as long as the H1B visa holder maintains their status.
Reasons for a Change of Status from H4 to L1
The L1 visa is a non-immigrant visa that allows multinational companies to transfer employees from their foreign offices to their US offices. If the spouse of an H1B visa holder obtains a job offer from a US-based company that is a subsidiary, affiliate or parent of their current employer, they may be eligible for an L1 visa. In this case, they will need to change their status from H4 to L1 to be able to work in the US.
A key takeaway from this text is that the H4 visa allows dependent spouses and children under 21 of an H1B visa holder to accompany the visa holder to the United States. However, if the spouse of an H1B visa holder obtains a job offer from a US-based company that is a subsidiary, affiliate or parent of their current employer, they may be eligible for an L1 visa, which requires a change of status from H4 to L1. The spouse must meet certain eligibility criteria and provide specific documents to support their application, which will be reviewed by USCIS. The processing time and fees for a change of status from H4 to L1 vary depending on several factors, and additional fees may apply depending on the circumstances of the case.
Eligibility Criteria for L1 Visa
The spouse of an H1B visa holder can apply for an L1 visa if they meet the following eligibility criteria:
- The US-based company that is offering the job is a subsidiary, affiliate, or parent of the current employer.
- The spouse has worked for the foreign company for at least one year in the three years preceding the transfer.
- The spouse has a valid job offer in the US.
Documents Required for a Change of Status from H4 to L1
To change status from H4 to L1, the following documents are required:
- Form I-129, Petition for Nonimmigrant Worker
- Form I-539, Application to Extend/Change Nonimmigrant Status
- Evidence of the spouse’s job offer in the US
- Evidence of the spouse’s employment with the foreign company for at least one year in the three years preceding the transfer
- Proof of the H1B visa holder’s status
The Application Process for a Change of Status from H4 to L1
The application process for a change of status from H4 to L1 involves the following steps:
- The spouse of the H1B visa holder must obtain a job offer from a US-based company that is a subsidiary, affiliate, or parent of their current employer.
- The US-based company must file Form I-129, Petition for Nonimmigrant Worker, on behalf of the spouse.
- The spouse must file Form I-539, Application to Extend/Change Nonimmigrant Status, to change their status from H4 to L1.
- The spouse must provide all the required documents to support their application.
- USCIS will review the application and may request additional information or evidence.
- USCIS will either approve or deny the application.
A key takeaway from this text is that the H4 visa is a non-immigrant visa that allows the dependent spouse and unmarried children under the age of 21 of an H1B visa holder to accompany them to the US, but it is tied to the H1B visa and the dependents can only stay as long as the H1B visa holder maintains their status. If the spouse of an H1B visa holder obtains a job offer from a US-based company that is a subsidiary, affiliate, or parent of their current employer, they may be eligible for an L1 visa and will need to change their status from H4 to L1 to work in the US. The eligibility criteria and required documents for an L1 visa, as well as the application process and processing time and fees, are outlined in the text.
Processing Time and Fees
The processing time and fees for a change of status from H4 to L1 vary depending on several factors such as the USCIS workload and the complexity of the case. The current processing time for Form I-129 is approximately 2-6 months, while the processing time for Form I-539 is approximately 4-12 months. The filing fee for Form I-129 is $460, while the filing fee for Form I-539 is $370. Additional fees may apply depending on the circumstances of the case.
FAQs for H4 to L1 Change of Status
What is H4 to L1 change of status?
H4 to L1 change of status is a process where an individual who holds an H4 visa, which is a dependent visa, applies and receives an L1 visa, which is a work visa. L1 visa is granted to an employee of a multinational company who is being transferred to their company’s office in the United States.
How to apply for H4 to L1 change of status?
To apply for H4 to L1 change of status, the individual needs to get hired by a company that has offices in the United States and their home country. Once they secure a job offer, the employer needs to apply for their L1 visa petition, which needs to be approved by the USCIS. After the approval, the individual can apply for a change of status to L1 visa through Form I-539.
What are the eligibility criteria for H4 to L1 change of status?
To be eligible for H4 to L1 change of status, the individual needs to have a valid job offer from a company with offices in the United States and their home country. They also need to satisfy other eligibility criteria for the L1 visa, such as being an employee of a multinational company, having worked for the company for at least one year, and possessing specialized knowledge or managerial skills.
What is the processing time for H4 to L1 change of status?
The processing time for H4 to L1 change of status varies depending on various factors such as the volume of applications, the complexity of the case, and the workload at the USCIS. Generally, the USCIS takes around 3-5 months to process the change of status application.
Can I work while my H4 to L1 change of status application is under process?
No, the individual cannot work until the change of status application is approved. They need to maintain their H4 visa status until the L1 visa is granted, after which they can begin working for their employer.
Can I travel while my H4 to L1 change of status application is under process?
Yes, the individual can travel while their change of status application is under process, but they need to carry all relevant documents including their H4 visa and the receipt notice of their change of status application. Upon returning to the United States, they need to present these documents and the immigration officer would grant entry into the country.
Is premium processing available for H4 to L1 change of status?
Yes, premium processing is available for H4 to L1 change of status which means that the USCIS would process the application within 15 calendar days upon paying an additional fee. However, during the COVID-19 pandemic, premium processing has been temporarily unavailable for certain types of applications, including H4 to L1 change of status.
