L2 minor child has to be converted to H4 if wife who is in L2 applying for H1?

Hi Anil,

Kindly help with your suggestions

I am currently on L1B in USA along with my family(Spouse & Minor child) who is in L2. Currently spouse’s employer is filing a L2 to H1 COS for my wife who is currently in L2. I would like to continue with my L1. Now the question is about my minor child. Do my wife file for child’s L2 to H4 along with her L2 to H1 petition?

Will child be out of status if my wife’s H1 petition approved assuming child’s L2 to H4 not applied along with wife’s H1 petition. Her employer is not ready to file dependent’s H4 petition until her L2 to H1 COS approved. Just need a clarification on this since I am seeing Applicant’s Name as my wife in my child’s I 797/I539. Thank You

You can keep your child on L2 status as long as you are on L1 as you filed the L2 based on your L1.