Navigating Visa Changes: Continuing to Work in the US as L2 After L1B Converts to H1B

If your spouse's L1B visa converts to an H1B visa, you will need to take specific steps to continue working in the U.S. under your L2 visa. Here’s how you can navigate this situation:

Understand Your Current Status

As an L2 visa holder, you are eligible to work in the U.S. once you have obtained an Employment Authorization Document (EAD). If you already have an EAD, you can continue working without interruption.

Check EAD Validity

Ensure that your EAD is still valid. If it is expiring soon, you should apply for a renewal as soon as possible. The renewal process can take several months, so it's important to start early.

Apply for EAD Renewal

If your EAD needs renewal, file Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS). Make sure to submit all required documentation and pay the appropriate fees.

Transition to H4 Visa if Applicable

If your spouse's H1B status allows for it and you wish to switch to an H4 visa, you can apply for an H4 visa which would also allow you to apply for an EAD. However, note that the H4 EAD is available only under certain conditions, particularly if your spouse holds an H1B and is on the path to permanent residency.

Consult an Immigration Attorney

Given that immigration laws can be complex and subject to change, it may be beneficial to consult with an immigration attorney. They can provide guidance tailored to your specific situation and help you understand your options moving forward.

Maintain Legal Status

Ensure that you maintain your legal status throughout this process. Avoid any actions that could jeopardize your visa status. Following these steps can help you continue working legally in the U.S. while navigating the changes in your spouse's visa status.

Additional Considerations

There are other legal paths to maintain work status in the U.S. beyond just the L2 visa. Here are a few alternatives:

Primary H1B Gets an Approved I-140 and gets H4 - EAD Under Threat of Revocation as per the New Trump Administration - If your spouse's primary H1B visa gets an approved I-140 petition (NIW), you can apply for an H4 EAD. However, be aware that your H4 EAD is under threat of revocation due to the new policies of the Trump administration. Go On F1 - OPT - H1B Longer and More Expensive and Depends on Your Chance with H1B Lottery - After completing your F1 program, you can apply for Optional Practical Training (OPT). Once the OPT period ends, you can apply for an H1B visa. However, this path is expensive and depends on your chances in the H1B lottery, which can be highly competitive. If You Get a PhD, Patents, or Are a Superhuman, Get an O-1 - The O-1 visa is for individuals with extraordinary ability in science, education, arts, business, or athletics. If you qualify for an O-1 visa, it can be a legal status path, but it is more restrictive and requires significant evidence of your extraordinary achievements.

These are the only legal status paths available for continued employment after an L1B conversion to H1B, depending on your specific circumstances and the current immigration landscape.