Hello,
I came to the U.S. on an L1B visa in 2024, and my dependent is on an L2 visa. Our current L1B status is valid until 2028. My employer entered me into the H1B lottery this year, and my application has been selected.
However, my company’s immigration representative is now informing me that under new H1B rules, my spouse’s visa will automatically change from L2 to H4 by the end of September through a change of status (COS).
Earlier, in February 2026, we were told that the H1B petition would be filed in a way that keeps my current L1B status unchanged, allowing my dependent to continue working until 2028, and that the H1B would only be activated closer to the expiration of my L1B.
Could you please clarify whether, under the new H1B rules, filing the H1B petition requires a mandatory change of status for both me and my dependent, or whether opting not to request a change of status would result in us being subject to the new $100K rule upon future re-entry to the United States?
Much appreciated, Thank you