H1B and L2

[ariv_anand]

I am currently in US on L1B visa. My wife is currently has a H1 visa stamped in her passport and is in India. Can I process a L2 dependents visa for he now? If I process the L2 visa, will her H1B visa get cancelled ?
The reason why I am asking this is that she does not have a job immediately after coming to US in H1B and has to search for it. So thought of processing L2 and bring her to US and then once she gets the job, convert her status from L2 to H1B.
Pls advice..

[txh1b]

The VO may or may not choose to cancel the visa. If your wife can explain that she plans to take a break and switch back to H1b, the visa would remain. Irrespective of it, nothing will happen to the H1b petition.

Remember, she has a job on H1b all the time. The employer has to pay, period.

[ariv_anand]

Does that mean that even if the VO cancels the H1b and issues the L2, she can always come here to US on L2 and change her status back to H1B from L2 and start to work, since her H1B petition is still valid ?
When she goes back to india again she can go for a new H1B stamping and get her H1B visa ?

[txh1b]

Once in US, any status changes have to be approved by USCIS. Yes, she can change from L2 to H1b if the H1b employer files an amendment and can work after the H1b gets approved. She could as well work with L2 EAD.

Once the COS is approved, she has to be on H1b and get paid all the time. If she plans to return again on H1b after travel, she would need a visa stamp again.

[ariv_anand]

I also heard that there is a minimum duration before which the person with H1B visa/petiton should come to US and start to work. If he/she has not started to work before that period the H1B petiton and visa will be cancelled. Is this true? if so what is that time duration ?

In my case will my wife's H1B petition and visa will get cancelled if she starts to work in L2 with EAD ? and that she will permanently lose her H1B visa and petition.

[txh1b]

Petition and visa are different things. A visa cancellation does not mean the petition gets canceled (unless for fraud). Read the FAQs.

[ariv_anand]

Thanks for your quick response.
Just to clarify, by petiton I meant my wife's "notice of action I797" form for her H1B.

Regarding my question about time duration, Will USCIS cancel the notice of action if my wife does not start to work on H1B for a long time ?

[txh1b]

Petition approval is NOA. No, USCIS does not cancel it. Employer can.

[ariv_anand]

Now with that said i.e the employer can cancel the petiton but not USCIS.
Assuming that my wife is at the risk that her current employer might cancel her petition, can she transfer her H1B to another employer who is willing to retain her H1B indefinitely until she is willing to come to US on H1B.

[txh1b]

Read the FAQs and come back with more questions.

Once you have a cap number, it belongs to you. There is nothing like holding a H1b indefinitely. An employer can process the H1b as long as the 6 years have not been used up and if they have a candidate to take up a job that cannot be filled in the US.