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  • L2 to H1b

    I am on L2 visa, and it is expiring on Aug 15th. Also I got picked up in H1b lottery this time.
    If my spouse employer apply for L2 extension, and suppose L2 extension approval comes after h1b approval, then I will come back to L2 status.

    If I travel back to India after L2 approval and get h1b visa stamped, then my current immigiration status will change to H1b. Is this correct?

  • #2
    Originally posted by Bhavna1244 View Post
    I am on L2 visa, and it is expiring on Aug 15th. Also I got picked up in H1b lottery this time.
    If my spouse employer apply for L2 extension, and suppose L2 extension approval comes after h1b approval, then I will come back to L2 status.

    If I travel back to India after L2 approval and get h1b visa stamped, then my current immigiration status will change to H1b. Is this correct?
    Yes. The earliest you can return on Sep 21st on H1.

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      Yes. The earliest you can return on Sep 21st on H1.

      This is my opinion not legal advice.
      My question was suppose I go back to India in October ( I have both L2 and H1b approved, but L2 was approved after H1b), then I can get any visa stamped L2 or H1b, or I can only get L2 stamped, because it was approved after H1b.

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      • #4
        Originally posted by Bhavna1244 View Post
        My question was suppose I go back to India in October ( I have both L2 and H1b approved, but L2 was approved after H1b), then I can get any visa stamped L2 or H1b, or I can only get L2 stamped, because it was approved after H1b.
        You can get either of them. Was H1 applied as COS?

        This is my opinion not legal advice.

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        • #5
          Originally posted by raghvi View Post
          You can get either of them. Was H1 applied as COS?

          This is my opinion not legal advice.

          Yes it was filed with COS.Does that makes any difference?

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          • #6
            If my spouse employer apply for L2 extension, and suppose L2 extension approval comes after h1b approval, then I will come back to L2 status.
            >>> Your status will change as per the last petition that gets effective. Filing two different types of petitions at the same time causes a lot of confusion with the status.

            If I travel back to India after L2 approval and get h1b visa stamped, then my current immigiration status will change to H1b. Is this correct?
            >>> That is correct. If both L2 and H1B gets approved and if you leave the country before October and return back in H1B visa after getting the H1B visa stamped, then your status will be H1B,
            Not a legal advice. Use of this information is strictly at your own risk.

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