Legal Question in Immigration Law in Texas

HI All,

I am currently on OPT EAD extension visa valid till the end of this year..

I am looking to get married this year, and had a couple of scenarios :

1. If I get married to a girl who holds an H1-B visa, would I have to transfer to H4, when I can stay in USA but cannot work here ?

2. If I get married to someone holding an L-1 visa, Can I transfer to an L4 and still be able to work in the US and apply for H1 in the next years H1-b Cap in April ?

Is there a specific deadline for the transfer like in the case of H1-B which is April 1st ?


Asked on 4/13/14, 7:08 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

In response to your questions:

1. You can remain in the U.S., in H-4 status, as soon as your change of status is approved.

2. Yes, you are correct.

There is no deadline to file for a change of status as the spouse of a non-immigrant visa holder. However, I would recommend doing it as soon as you wed.

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Answered on 4/14/14, 3:12 pm


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