Adjust status from L2 to H1 w/o going back to India.

[Priti Kulkarni]

Hi ,

I am currently in the US on L2 visa (Valid till 2017). Meanwhile, my H1B petition has been approved and the petition is with my employer. My employer is asking me to go back to India and get the H1B Visa stamped.

I have done some online research which indicates, I do not need a Visa stamping till I go out of US and wish to re-enter.

Kindly suggest if my employer is asking me to do the correct thing and it is mandatory for me to go back and get the H1B visa stamping done.

Thanks,
Priti

[shervin143]

It depends on how the employer filed your H1B petition. Ask the employer if they filed the H1B as a COS from L2 and if the approval come with a new I-94. If YES, then you don't have to go outside U.S to get the H1B visa stamped and re-enter back in H1B visa. If the petition got approved for consular process, then like your employer suggested, you will need to go out, get the H1B visa stamped and return back in H1B visa to begin working. Alternatively, the employer can file a H1B amendment to convert the application to COS. You cannot work until the COS gets approved.

[Priti Kulkarni]

Thanks Shervin,

I will check with my employer and also suggest about your alternative solution.

Thanks,
Priti