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Me and my wife came to US in 2004 with me being on H1 and she on H4.Meanwhile in 2005 we processed her H1 ( change of status from H4 to H1) visa through a consultant. However they were not able to find a job for her so they cancelled the H1 and she came back on H4 status. Meanwhile she started studying in a university with H4 status. Now both of our H1 and H4 visa and I-94 are expiring in Dec 2006. So I am applying for I94 extension through my company. But my company is asking me to apply for status change to L1 instead of H1 extension. They are saying they have some problem in applying for H1 extension.
So, in this whole situation my question is whether there will be any problem in my wife's visa extension( which would be a change of status from H4 to L2 actually). She just has one semester to complete her higher studies and she would be graduating in Apr 2007. But if her visa extension is rejected for some reasons, then she won't be able to complete her studies.
Please help!

2006-10-06 09:45:04 · 3 answers · asked by shaan 1 in Travel United States Other - United States

3 answers

WHile you would be better off (more likely to get) an L1 extension than H1 (according to what I have read ... I am NOT an immigration expert); there is a potential problem with your wife's.

I recommend that you consult an immigration attorney to get the true information and facts. My concern is whether your wife is allowed to study here on an H4 visa ... if so, and L1 also allows her to, then no problem. But many temporary visa's don't allow the person on it to attend school here, I don't think either of those are, but it's something to consider. To be safe, do consult a professional on this.

2006-10-06 11:29:15 · answer #1 · answered by Pichi 7 · 0 0

If you have already been on the H1, you should be able to apply for a green card now. You should consult an attorney about doing an adjustment of status so that you can get the green card - your wife would go under you. When you apply for the green card, you should also apply for a work authorization card. This will allow you to keep working for the company. I don't know why they would switch to an L-1. You should file for adjustment of status before the current H1 visa expires. If you have a green card, both you and wife will be able to stay legally in the U.S. You can work and she can go to school.

2006-10-06 10:11:38 · answer #2 · answered by Anonymous · 0 0

uscis.gov . Fill the forms and send by certified mail only. good luck

2016-03-17 04:12:31 · answer #3 · answered by ? 4 · 0 0

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