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Can L2 extension and H1 out of cap applications be under process simultaneously?

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  • Can L2 extension and H1 out of cap applications be under process simultaneously?

    Hi,

    I am on L2 in US and I am filing an extension on it along with my husband's L1.
    I also had H1 earlier and looking for employment currently. I would want to get my H1
    filed out of cap if I get an employer who can sponsor it.

    My L2 EAD is until Jan 2015 and I would like to get H1 filed before that so that I can continue working
    without any break.

    Since, I am still looking for a job, I am not sure if H1 will be filed and when.
    Meanwhile, I am already going ahead with my L2 extension.

    Will it be an issue if L2 application is already filed and an H1 out of cap is also filed while L2 is in process?
    I just want to know whether two simultaneous visa applications under process (L2 and H1) is a problem and will one or both be invalidated?

    Thanks!

  • #2
    Originally posted by been123 View Post
    Hi,

    I am on L2 in US and I am filing an extension on it along with my husband's L1.
    I also had H1 earlier and looking for employment currently. I would want to get my H1
    filed out of cap if I get an employer who can sponsor it.

    My L2 EAD is until Jan 2015 and I would like to get H1 filed before that so that I can continue working
    without any break.

    Since, I am still looking for a job, I am not sure if H1 will be filed and when.
    Meanwhile, I am already going ahead with my L2 extension.

    Will it be an issue if L2 application is already filed and an H1 out of cap is also filed while L2 is in process?
    I just want to know whether two simultaneous visa applications under process (L2 and H1) is a problem and will one or both be invalidated?

    Thanks!
    Its never a wise idea to have multiple petitions applied with USCIS. As different officers are handling it, they may eventually both approve it and then you would be confused as to whether you are on L2 or H1.

    When you can work on L2+EAD why waste H1 years?

    This is my opinion not legal advice.

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