Reentering to avoid L2 to H1B COS

[jinneebhat]

I am on L2 visa and have my H1B approved from Oct 1 with COS.
If I move out of US somewhere in September end and reenter in October on existing L2 visa, can I avoid the COS? Will there be a possibility of the denial of entry because my H1B is not yet stamped?

[Tarrak]

Same issue

Please do let me know if you find out the details regarding this.

[JyothiReddy]

YES, you can avoid the COS.

As long as you have L2 visa validity there shouldn't be any denial coz both are different types of visa.

[visaseeker03]

The visa on which you enter US and for which I-94 is issued is the valid purpose of visit. Its a last action rule, means that whatever I-94 is latest onlt that prevails. hence your COS from L2 to H1 is voided. You would need to apply for it again.

You H1 approved petition doesn't get cancelled.

You need to have a valid visa to enter US.

just FYI,
If you enter US on L2 then your purpose should be of L2.
If you enter US on H1 then your purpose is H1.