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H1 to L2 - Trying for h1 again

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  • H1 to L2 - Trying for h1 again

    I got H1 approved through the 2008 qouta when I was in India. I have a valid I797. I got a 221(g) asking for some documents from my sponsor when I went for my H1 stamping in India. Subsequently I got a L2 visa and now I am in the US. Now I would like to change my status from L2 to H1. I have the following questions:

    1. Is it possible to do this, are there any issues to take care?
    2. Should I work for the same sponsorer or I could do a H1 transfer and work for another employer?
    3. Since I dont have a single paystub from my current sponsorer, can it still be transferred?
    4. If it cannot be transferred is there a possiblity for a new employer to apply a cap exempt new H1 since I had already gone through the lottery last year?
    5. If I dont want to work for my current sponsorer what would be the best way to do a COS from L2 to H1 or is that the only way?

    Thanks for your time and help

  • #2
    1. Yes
    2. Can do a transfer.
    3. Paystub is needed if one is on H1b status. In your case, paystub of your L1holder might be needed to prove that you were in valid L2 status. Paystub is to verify status of the holder.
    4. It can be transfer and a transfer is nothing but a new H1b that is not subject to cap.
    5. Has been answered in the above questions.

    Look through the forum and educate yourself by looking at similar threads. There is a ton of useful info.

    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.


    • #3
      Thanks a lot! I really appreciate your quick response. I'll try to scan through similar threads to get more info, off the head if you have any links to similar threads, please post it.
      Thanks for your help