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Few questions regarding H1 and L2 Visa

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  • Few questions regarding H1 and L2 Visa

    I currently have H1B Visa from "A" employer in US. I am getting married next month. My fiance has L1B visa and now currently working in US. Please suggest me whether I should go for L2 Visa or shall I remain on H1B Visa. After marriage, is it ok I go to US on H1 Visa and then start job search? Or is it better to go to US on L2 Visa? Will there be any problem if I go to US on H1 Visa? Please suggest me with all your valuable feedback. Thanks in advance.

  • #2
    If you have an H1B visa, you have a job. There is no such thing as entering on H1B and "start(ing) a job search."

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    • #3
      Originally posted by Assistme
      is it ok I go to US on H1 Visa and then start job search?
      Didn't you search for a job and then apply for H1? I guess you did it backwards like many do.

      I guess the employer is shady.

      Come on L2 as on L2 you can be without pay. On H1, you must get paid all the time, job (=? project) or not. USCIS does not like benching without pay and rightly so.
      Check out H1 FAQs first!
      http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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      • #4
        Thanks for all your replies.
        Can I go to US on H1B and then search job in a company "X" and then tell my H1B sponsor to put me in that company "X" on contract basis? I think this is legal? With this my H1B status is never out-of-status?

        Also please let me know what are the scenarioss for H1B going out-of-status?

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        • #5
          No, it is not legal for you to come with the expectation of not having a job waiting and not being paid until you find a placement. Your employer is responsible for paying you; there is no such thing a "bench" time.

          If the VO at the consulate suspects that you do not have a position, he will give 221g and require many documents from both you and your employer.

          Please go to the USCIS and Department of State websites and read the terms and conditions that apply to a H1B visa.

          I realize many people do what you plan; some have very bad experiences with their employers. Read the postings in the archive and find out.

          You are fortunate that you have the L2 option; you need to discuss this with your fiance as you may be sitting in your home country waiting for your H1B stamping while he is in the US.

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