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L2 & H1B simultaneous issue

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  • L2 & H1B simultaneous issue

    Hi,

    My H1b got approved in OCT 2009 which is valid from Oct 1st 2009 by company A. But I went for stamping and received 221g and
    asked to come in person & submit some documents specifically client letter or in-house project letter.
    My employer is trying to arrange that. So it's still in process.

    Currently my wife is in US from Jan 2010 on L1 through company B. she is having valid visa till sep 2010.
    And she may get approval from her manager to extend the L1 status after sep 2010.


    Now I want to came to US on L2 as dependent through the same company B.
    I want there to work on L2, but I need EAD and that'll take minimum three months to get it. I already have SSN.


    So, could you please advise?

    #1 Should I wait for my H1B stamping? or can I go on L2 now and can come back to india after 6 months for H1B stamping?
    #2 Is there any way so that I don't have to come back to india for h1b approval?
    #3 will there be any issue while appearing for L2 visa interview? bcz my h1b application is already in progress.
    #4 Does my L2 visa status get invalid, once my wife leaves to India but she is still having a valid L1 visa?
    #5 Is there any way to work on L2, even my wife leaves to India?
    #6 Do I really require EAD to work on L2? Can't I work with just SSN?


    Kindly answer my questions as soon as possible.

    -Thanks in advance

  • #2
    #1 Should I wait for my H1B stamping? or can I go on L2 now and can come back to india after 6 months for H1B stamping?
    >>> That is your choice. You can do either.

    #2 Is there any way so that I don't have to come back to india for h1b approval?
    >>> Your employer can try to apply a COS to H1B when you are in U.S. But they will have to provide the same project related documents to get it approved.

    #3 will there be any issue while appearing for L2 visa interview? bcz my h1b application is already in progress.
    >>> No.

    #4 Does my L2 visa status get invalid, once my wife leaves to India but she is still having a valid L1 visa?
    >>> Yes. If she is not in U.S, then she is not in valid L1 status. In which case, L2 will also go out of status.

    #5 Is there any way to work on L2, even my wife leaves to India?
    >>> No.

    #6 Do I really require EAD to work on L2? Can't I work with just SSN?
    >>> Ofcourse. SSN is not the work authorization. EAD is required.
    Not a legal advice. Use of this information is strictly at your own risk.

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