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h1 and l2 status

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  • h1 and l2 status

    My spouse is currently holding an L1B visa. I am planning to change my visa status to L2. If I do so, it will take around 90 days for my visa status to be changed to L2. During these 90 days, if I get an opportunity to work for another organization that is ready to sponsor my H1B visa, will I be able to work with them if they file for my H1B?

    The reason I am asking this question is that I am not sure if I can file for H1B visa when my case for L2 visa is pending.

    Can you help me provide me this information ?

  • #2
    Yes, you can use H1b portability if you are currently maintaining H1b status and L2 application is pending. But is you have quit working on H1b after applying for L2 COS, you will not be able to use portability.

    One has to be careful about such multiple status applications as the last action rule holds good. If L2 gets approved first and then the H1 transfer, the status changes from L2 to H1b again and you have to continue working on H1b.

    It is tricky and needs proper planning.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.