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L2 To H1b Visa Transfer

Talk about immigration laws here

L2 To H1b Visa Transfer

Postby Robertson » Sat Dec 03, 2016 2:50 pm

Hi

My husband is on L1 Visa from 2008. I came to US in 2009 on L2(dependent Visa). I got my EAD and I am currently working as an full time employee with a company A since May 2010. Company B is ready to apply for my H1B Visa now.

1. Can I start working with company B immediately as soon as my H1B Visa petition gets approved(not stamped) without going to India. Can I then get my H1B VISa stamped whenever I plan to go to India.

ANSWER: Hi,

If the USCIS approves the H1B petition granting you change of status, then you will automatically be in H1B status on the approval date. You are not required to depart the U.S.

If you depart the U.S. for any reason after H1B approval, you should apply for H1B visa stamp at a U.S. Consulate in your home country in order to enter the U.S. as the purpose of your entry will be employment with the H1B employer.

---------- FOLLOW-UP ----------

Hi Ajay,

Thanks for the quick response. Could you please let me know what would be the case if I applied H1B Visa through a consultant, got the H1B visa petition approved by USCIS but want to continue working on L2 VIsa with Company A for 2-3 months before switching to H1B Visa. Would that be possible or my L2 visa would be cancelled.
Robertson
 
Posts: 37
Joined: Wed Mar 12, 2014 1:46 pm

L2 To H1b Visa Transfer

Postby christos » Sun Dec 04, 2016 10:15 am

The H1B petition should specify the start date. Thus, if petition is filed on Oct. 22, 2010 requesting start date of April 19, 2011(the start date cannot be more than 180 days from date of filing), when the USCIS approves the petition on(for example, Jan 15, 2011), the start date noted on the H1B approval notice will be April 19, 2011, and thus you will be granted change of status only on April 19, 2011. Until that date, you will continue to maintain L2 status(assuming that your I-94 for L2 does not expire prior to April 18, 2011) and your husband continues to maintain his L1 status.

Alternatively, the H1B petition should not request change of status but consular processing. This way, approval of H1B petition will not impact the underlying L2 status at all until you take the step of applying for H1B visa stamp at a U.S. Consulate abroad and then entering the U.S. so that the I-94 issued to you at port-of-entry states H1B.

You can check with the H1B employer if you can select your own attorney to prepare the H1B petition, which must be signed by the employer before it can be filed with the USCIS. Our law firm should be contacted at 212-268-3580 during business hours, or you can email [email protected] for additional guidance.
christos
 
Posts: 35
Joined: Sat Apr 02, 2011 9:02 am

L2 To H1b Visa Transfer

Postby Henrick » Sat Dec 10, 2016 8:03 am

Hi

My husband is on L1 Visa from 2008. I came to US in 2009 on L2(dependent Visa). I got my EAD and I am currently working as an full time employee with a company A since May 2010. Company B is ready to apply for my H1B Visa now.

1. Can I start working with company B immediately as soon as my H1B Visa petition gets approved(not stamped) without going to India. Can I then get my H1B VISa stamped whenever I plan to go to India.

ANSWER: Hi,

If the USCIS approves the H1B petition granting you change of status, then you will automatically be in H1B status on the approval date. You are not required to depart the U.S.

If you depart the U.S. for any reason after H1B approval, you should apply for H1B visa stamp at a U.S. Consulate in your home country in order to enter the U.S. as the purpose of your entry will be employment with the H1B employer.

---------- FOLLOW-UP ----------

Hi Ajay,

Thanks for the quick response. Could you please let me know what would be the case if I applied H1B Visa through a consultant, got the H1B visa petition approved by USCIS but want to continue working on L2 VIsa with Company A for 2-3 months before switching to H1B Visa. Would that be possible or my L2 visa would be cancelled.
Henrick
 
Posts: 32
Joined: Tue Jan 14, 2014 1:16 pm


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