Change of status from L2 to H1 processing time

Hi, I am on L2 visa now and am not working. I already have an approved H1B visa through my employer which is valid till Nov 2013. I would like to change my port of entry status to H1.

1.What is the procedure and processing time?

  1. When I fly to India, should I have to go for another stamping for H1b?

  2. My son is also in L2 visa, can I change his status to H4?

Please answer.

You’ve mentioned “have an approved visa through my employer”. Do you mean former or current employer? Meaning did you travel here by taking an extended leave and are still employed in India or did you quit that previous job and travel here on L2?

  1. To change your status from L2 to H1 - a COS petition needs to be filed. Do you have a job offer or has any company here agreed to file for COS and employ you?

  2. Yes, if you travel out of the country once the status changes to H1 then you’ll have to go for stamping.

  3. H4 filing for your son can be done at the same time as your H1 COS filing.