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L2 to H1b - queries

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  • L2 to H1b - queries

    Hi,
    I am on L2 and working on EAD. My current employer applied for H1b and it got apporved. I got my I-797 and it also has my I-94.
    My questions are these
    1. How to I get the H1b visa on my passport? I want to get it done in US itself - not got to India. Is that possible?
    2. Now I have 2 I-94s. One that I got while entering into US on L2 and second that I got with my I-797 for H1b. When I go back to India, do I have to return both the I-94s?
    3. If I have to go to India, and then come back to US on my H1b, what papers will I need and what things to I need to take care about?

  • #2
    1. You can go to Canada or Mexico while staying in US to get H1 visa. You can't get in US.

    2. Yes.

    3. H1 visa and original I-797 required. Other supporting documents like employment letter, pay stubs will help if asked for.

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    • #3
      To get my H1, I must go to India (or Canada, Mexico), and give my passport in the US embassy and they will put the H1 visa on it.
      Did I understand it correctly?
      Do you have any idea how long does this take? I mean how many days?

      As I said my spouse is on L1 and I am on L2. He wants to go to India and I dont, I will have to go back with him because I cannot get my H1 from US. Is that right?

      Comment


      • #4
        1. How to I get the H1b visa on my passport? I want to get it done in US itself - not got to India. Is that possible?

        2. Now I have 2 I-94s. One that I got while entering into US on L2 and second that I got with my I-797 for H1b. When I go back to India, do I have to return both the I-94s?

        --Since you have received an I-94, you dont need to go for visa stamp. Your status will become H1 from Oct 1st automatically.
        --You need to return both I-94s

        3. If I have to go to India, and then come back to US on my H1b, what papers will I need and what things to I need to take care about?


        --You need to do some reading here
        I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

        Comment


        • #5
          Originally posted by vm6580 View Post
          To get my H1, I must go to India (or Canada, Mexico), and give my passport in the US embassy and they will put the H1 visa on it.
          Did I understand it correctly?
          Do you have any idea how long does this take? I mean how many days?

          As I said my spouse is on L1 and I am on L2. He wants to go to India and I dont, I will have to go back with him because I cannot get my H1 from US. Is that right?
          If you're already in US, you don't need visa. But if travel out of US and plan to reenter, you need one. Check visas section of this site, and do some reading.

          If you convert to H1 before he leaves, then no problem, else you've to leave with him.

          Comment

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