Key Takeaways:
- Transitioning from L-2 to H-4 visa is possible by following the steps outlined in this guide.
- Eligibility for H-4 visa requires the spouse to have H-1B status. Submit Form I-539 and supporting documents.
- Stay informed and track deadlines to maintain legal status in the US. Seek assistance if needed.
Transitioning from L-2 to H-4 Visa
Are you currently in the United States on an L-2 visa and looking to switch to an H-4 because your spouse is changing their visa status to H-1B? If yes, this transition is completely possible, and this post will guide you through the steps you need to take.
Understand the Visa Categories
Firstly, it’s important to understand what these visa categories imply. An L-2 visa is a dependent visa that allows you to accompany an L-1 visa holder, who’s in the U.S. on a temporary work assignment. On the other hand, an H-4 visa is designated for the dependents of H-1B visa holders, who are specialty workers.
Steps to Change from L-2 to H-4 Visa
1. Determine Your Eligibility: To transition to an H-4 visa, your spouse must have been approved for an H-1B status. You must be the spouse or child under the age of 21 of the H-1B holder to qualify for an H-4 visa.
2. File Form I-539: To change your nonimmigrant status, you’ll need to complete and submit Form I-539, Application To Extend/Change Nonimmigrant Status. Ensure that every detail is accurate to avoid delays or denials.
3. Gather Supporting Documents: You’ll need to provide several documents along with your application, including:
- A copy of the H-1B holder’s Form I-797, Notice of Approval.
- Proof of your marital relationship, such as a marriage certificate.
- Copies of your current L-2 visa and I-94 record.
4. Pay the Filing Fee: Verify the current filing fee for Form I-539 on the U.S. Citizenship and Immigration Services (USCIS) website and ensure you submit the correct amount.
5. Submit Your Application: File your I-539 form online or by mail, according to the instructions provided by USCIS.
6. Attend Biometrics Appointment (If Applicable): USCIS may request that you attend a biometrics appointment to provide fingerprints and photographs.
7. Await Decision: After submitting your application, you will wait for the USCIS to make a decision. Processing times can vary, so check the estimated times on the USCIS website.
Keep Track of Deadlines
Make sure you submit your Form I-539 before your current L-2 visa expires to maintain your legal status in the U.S. If you find the process confusing or overwhelming, consider seeking assistance from an immigration attorney or an accredited representative.
Stay Informed
Keep yourself updated on any changes in immigration policy by regularly checking the official USCIS website. It’s the best source for accurate information, forms, and guidelines.
Conclusion
The switch from an L-2 visa to an H-4 visa can seem complex, but with the right preparation, it’s a manageable process. By understanding the steps outlined above and staying on top of your application, you’ll be on your way towards obtaining your H-4 visa and continuing your stay in the United States.
Remember, while policies and procedures remain consistent, individual circumstances can vary. Therefore, it’s always a good practice to seek updated advice from immigration experts or the USCIS directly.
And there you have it! Switching from an L-2 to an H-4 visa may seem like a daunting task, but with these simple steps, you’ll be on your way to a smooth transition. Just remember to stay on top of your deadlines and stay informed with the USCIS website. If you want to dive deeper into the world of visas and stay up to date with the latest immigration news, head over to visaverge.com. Happy visa transitioning, my friend!
FAQ’s to know:
FAQ 1: How can I change my L-2 visa to an H-4 visa? To change your L-2 visa to an H-4 visa, follow these steps: 1. Ensure that your spouse has been approved for H-1B status. 2. Complete and submit Form I-539, Application To Extend/Change Nonimmigrant Status. 3. Gather necessary supporting documents, such as your spouse’s Form I-797, proof of marital relationship, and copies of your L-2 visa and I-94 record. 4. Pay the filing fee mentioned on the USCIS website. 5. Submit your application online or by mail following USCIS instructions. 6. Attend a biometrics appointment, if required. 7. Await a decision from USCIS. Processing times can vary.
FAQ 2: What is the difference between L-2 and H-4 visas? An L-2 visa is a dependent visa that allows you to accompany an L-1 visa holder, who is on a temporary work assignment in the U.S. On the other hand, an H-4 visa is intended for dependents of H-1B visa holders, who are specialty workers.
FAQ 3: What are the important factors to consider when changing from an L-2 to an H-4 visa? When transitioning from an L-2 to an H-4 visa, consider the following factors: 1. Check your eligibility, as your spouse must be approved for H-1B status. 2. Submit Form I-539 accurately and provide necessary supporting documents. 3. Be aware of the filing fee and pay the correct amount. 4. File the application before your current L-2 visa expires. 5. Stay informed about immigration policy changes through the USCIS website or consult immigration experts for updated advice.
What did you learn? Answer below to know:
- True or False: An L-2 visa is for dependents of H-1B visa holders.
- What form needs to be completed and submitted to change from an L-2 visa to an H-4 visa? a) Form I-797 b) Form I-539 c) Form I-94 d) Form H-1B
- When should you submit Form I-539 to maintain your legal status in the U.S? a) After your current L-2 visa expires b) Before your current L-2 visa expires c) Within 90 days of your current L-2 visa expiring d) Anytime before the USCIS decision is made
