L1 Dependent visa to H1B dependent visa transfer process

Hello,

I have recently changed from L1 to H1 on 1st Oct 2013. I have my wife and kids still on L1 Dependent visa, I did not change them due to some financial issues, Now I am afrainding that its too late, Can you pleas suggest and please tell me the prcedure to change the status.

I appreciate your quick response, thank you in advance.

Thanks,

Ravi.

You can file for COS for them from L-2 to H-4, but it may result in RFE asking why didn’t they file it earlier (I assume your H-1 was approved w/ COS).

If that fails, the next option is for them to travel out of US to their home country, get H-4 visa stamped and then return to US on that visa.

I also suggest talking to your attorney about it. They should have emphasized the importance of filing their COS.

Hi Sourav, thank you for the answer.
Actually my wife are kids are in legal status till Jan 30th 2013. I will be submiting the transfer application soon, but one question, Shall i have to pay $290 for each applicant, (wife and two kids) individually or one fee $290 will be suffecient? Can you please let me know as soon as possible since, I will be sending the application.

thanks,

If your H-1 was approved w/ COS then you are no longer on L-1 from COS effective date. This means, your family’s L-2 visa status also becomes void from that date even if they have an I-94 for a longer duration. That is why I said, that their petition may run into issues.

The fees need to be paid per applicant.