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H1 if approved can I stay back when L2 visa expires

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  • H1 if approved can I stay back when L2 visa expires

    Hello all,
    I am on L2 visa now working.
    My company is applying for my H1 April2009 in premium.
    My L2 visa is expiring on June 2009.
    1. By June if I come to know my H1 is approved,can I stay back in US without having to go out of country?
    I know I can start work from Oct 1st only.But can I just stay back in US itself.
    Because I heard from some that on H1 approval you get a new I94.

    Please advice as I am really confused.
    2.Further is there any option by which I can stay back from June to Oct in US?

  • #2
    If there is a status gap, the likelihood of a COS/EOS approval is not there. You have to leave the country when the current status expires and re-enter on H1b.

    If there is a L2 extension filed, you can remain in the country. However, the last petition that gets approved determines your status. So, read about last action rule.

    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.

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    • #3
      Originally posted by txh1b
      However, the last petition that gets approved determines your status.
      So that means the last petition will be my H1 approval as my husband's Indian company (L1 sponsor) is not planning to extend the visa.
      So if it shows that my H1 is approved,can I stay back without a visa here for the interim period of 3 mnths.
      Because H1 will come with an I94 right?

      -Viidhya

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