L2 to H1; Is it independent of L1 to h1 petition ?


I am currently on L1 with Employer A and the same employer is filing H1 this year. My wife is on L2 EAD. My employer have taken the required forms( I-539) to change my wife’s current status to H4 effective from my new status i.e. H1.

One employer (B) is filing H1 for my wife this year.

If my wife’s petition is apporved before mine and her COS is done to H1, Would it be changed to H4 after my petition is apporved since it is filed with I-539 ?

If mine is apporved first and later her , would her status changed to H4 first and then H1 based on her H1 application ?

Or Is it completley independent of whose petition is apporved first and she can be on H1 provided her H1 is approved with COS.

Please let me know.


HI Saurabh,

Could you please let me know your view on this.

Hi Saurabh,

My wife got I 539 notice for change of status to H4. Does it mean that my H1 B application got picked in Lottery. I Did not any get update from employer on my H1 B application selection in lottery.

Later, her H1 B application got picked in Lottery.

Could you please let me know your view on my earlier question as well ?



If she got I-539 for L-2 to H-4, then there is a good chance that you have made through the cap.

If her H-1 petition gets approved, then you should withdraw her L-2 to H-4 COS, as its approval will put her status to H-4 from Oct 1.

If her H-1 petition is approved later, then her eventual status from Oct 1 will be H-1.

Keep in touch w/ your attorneys as you have lot of moving pieces here.