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L2 to H1

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  • L2 to H1

    Hello there,

    My spouse was working in USA till Dec 2009 on H1B and the petition and I94 expired. She is planning to come here on L2.

    1. Can H1B be applied to her?
    2. If yes, whether the old H1B approval can be used and it would be just a COS or it would be a new H1B altogether for 2010 CAP?

    Thanks in advance.

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