Does I-140 gets invalid, if I change my H1B to L2 visa?

#1

Hello Team,

Am on H1B visa with an approved I-140, and priority date of April 2016. My current H1B’s extension request ended up with a RFE, for which we have responded but am really concerned and checking other options, i.e jumping on to my wife’s L1A visa by applying for L2 dependent visa followed by an EAD.

My question is if I change to L2 visa, what happens to my I-140, does it get invalid? Please advise.

#2

If it was approved for over 180 days and not withdrawn before that, then it remains valid. As you are moving to a dual intent visa, it should be fine. Read Dual Intent vs Nonimmigrant Intent visas info to get an idea. You should also discuss with your attorney to double check and then take an informed decision.