Will L2 gets cancelled during H1B stamping? -Canada

[rainbow2012]

Hi,
I'm L2 visa now which is valid till Sep 29'2011. And I'm also working with an EAD. My employer applied for H1B this year and it is currently undergoing premium processing. We applied for consular processing as I have a day's gap between statuses(L2 ending on sep 29 and H1 fro Oct 1 only). But my issue is that I really can't travel back to India for a visa stamping as I'm pregnant now and will be in my third trimester by the time petition gets approved. So I'm planning to go to Canada for H1B stamping eventhough I don't have any education done from US. My question is , if I go for stamping in Canada, will they cancel my L2 visa which will be my only way to enter US back before Oct 1. Can I request them during the interview not to cancel my L2 explaining my situation? Any help will be greatly appreciated.

[shervin143]

It totally depends on the VO. Depending on the VO you meet, your L2 may or may not get cancelled. Yes, you have the option to explain your case and request the VO to leave the L2 as such in case H1B is rejected. If this is your first H1B, then most likely they will ask you to get it stamped from your home country, since you haven't done you studies in U.S.

[rainbow2012]

Thanks a lot for the reply. I would need my L2 as such even if my H1B is approved. right? As my H1B will come to effect only from Oct 1 2011, for me to work and stay in US till then , I would need my L2. Please correct me if I'm wrong. Its there I'm confused. If they are approving it, will they cancel my old visa? Even if they are not cancelling it, it will expire a day before my H1B status comes to effect(exp date:Sept 29). I'm planning to go with the education evaluation done by the lawyers and planning to explain them that it'll be risky for me to travel to India this close to my due date.I'll be completing 7 months of pregnancy by the time I get my petition approved.

[shervin143]

I am not sure what you are trying to do. Visa is an entry document to U.S. Unless you are planning to enter U.S in H1B status, there is no need to get the H1B stamped. If you are planning to return in L2 visa, then there is no need for H1b to be stamped. If you enter U.S in L2, then your status will remain L2 until the L2 expiry date. Before the L2 petition expiry date, you will either have to file an extension or leave the counrty and return back in H1B visa to get to H1B status. Otherwise your stay in U.S will become illegal. Just because you got the H1B stamped, doesn't make your sttaus automatically change to H1B after the L2 expires.

Like I said, whether to cancel the L2 or not is upto the VO. If they let you have both the visas, then you have the option to enter U.S in one of them. However, remember that if you enter in L2, your status will be L2 and vice versa. The visas will remain valid until their expiry date mentioned in the passport.

Thanks a lot for the reply. I would need my L2 as such even if my H1B is approved. right? As my H1B will come to effect only from Oct 1 2011, for me to work and stay in US till then , I would need my L2. Please correct me if I'm wrong. Its there I'm confused. If they are approving it, will they cancel my old visa? Even if they are not cancelling it, it will expire a day before my H1B status comes to effect(exp date:Sept 29). I'm planning to go with the education evaluation done by the lawyers and planning to explain them that it'll be risky for me to travel to India this close to my due date.I'll be completing 7 months of pregnancy by the time I get my petition approved.

[rainbow2012]

Sorry. I was thinking that, if I can have my H1B visa stamped now, once my L2 expires on sept 29, from Oct 1 my status will change automatically to H1B. The reason why I'm not waiting till my L2 expires for the stamping is that I'll be very close to my due date then which is Oct 30. Also, if this is getting rejected on stamping , my husband can include me as his dependant while processing his L1 extension and that way can ensure my stay here atleast till my delivery.
What can I do to change my status from L2 to H1B after my L2 expires considering I'll get H1B stamped now? Can I just drive to Canada somewhere close to Sept 29 and re-enter US with my H1B?

[shervin143]

Sorry. I was thinking that, if I can have my H1B visa stamped now, once my L2 expires on sept 29, from Oct 1 my status will change automatically to H1B.
>>> That is not correct. The status won;t automatically change just because you have an H1B stamped. You have to enter U.S in H1B visa to get to H1B status.

The reason why I'm not waiting till my L2 expires for the stamping is that I'll be very close to my due date then which is Oct 30. Also, if this is getting rejected on stamping , my husband can include me as his dependant while processing his L1 extension and that way can ensure my stay here atleast till my delivery.
>>> I think the best option for you is to file the L2 extension and when you are really ready to work in H1B status, leave the country, get the H1B stamped and return back in H1B visa. When you are in H1B status, you need to get paid to maintain the H1B status. Depending on the state, the normal unpaid vacation that you can have during the child birth is 4-6 weeks for normal delivery and 6-8 weeks for C-section as accompanied by the doctor's certificate. If you cannot join work after this, then you will go out of status on H1B.

What can I do to change my status from L2 to H1B after my L2 expires considering I'll get H1B stamped now? Can I just drive to Canada somewhere close to Sept 29 and re-enter US with my H1B?
>>> Yes. That is an option. If you have a H1B visa stamped in your passport, then you can leave the country and re-enter in H1B visa which will get you a new I-94 associated with the H1B and will put you in H1B status. However, you have to make sure that you return all your current I-94's when you leave the country. The problem is, for short visits to Canada or Mexico, they won't take your I-94. They will ask you to use the same upon your return. If that happens, then your whole trip is of no use. So you have to make sure that you return your I-94s and get a new one upon your return (By showing the H1B visa).

[rainbow2012]

Thanks a lot for the detailed reply. Now its all much clear for me. As you said, then there is no use of going to Canada now and getting the stamping done as I'm planning to continue working on L2 till Sept 29.As a trip to canada won't guarantee an I-94 change the only option left will be to travel to India which I won't be able to do at that time .
I think the best option then will be to apply for my L2 extension from my hsuband's company, stop working by Sept 29, and go to India after delivery to get the stamping done and come back in H1 status.

[shervin143]

I think that would be the best option for you in this situation. The H1B employer can also file for a change of status from L2 to h1B at a later stage. If the COS gets approved, then you can start working. No need to go out of the country to get the H1B stamped unless yo are planning to go out of the country for other reason (Like vacation).

Thanks a lot for the detailed reply. Now its all much clear for me. As you said, then there is no use of going to Canada now and getting the stamping done as I'm planning to continue working on L2 till Sept 29.As a trip to canada won't guarantee an I-94 change the only option left will be to travel to India which I won't be able to do at that time .
I think the best option then will be to apply for my L2 extension from my hsuband's company, stop working by Sept 29, and go to India after delivery to get the stamping done and come back in H1 status.

[rainbow2012]

Thats a great relief actually. Thanks a lot...

[rainbow2012]

Hello Again,
Finally I got my H1B-Approved on JUne-8th 2011 for 3 years. Even though we applied for a consular processing(as I have a gap of 1 day between L2 and H1:-L2 ending on Sept 29 2011) it came in as a change of status. But my attorney said that as I'm not legally eligible for a change of status because of this one day gap, I should still need to go for stamping to India before starting to work in H1B. My husband's company will apply for his L1 by Sept 1st week and we will be including my L2 also with that extension. So by Sept 30, my status will be 'waiting for L2 extension decision'. Will that waiting status help me to change my status automatically to H1B on October 1st?

Thanks in advance..

[shervin143]

Yes. But when the L2 gets approved, your status will change to L2 and you can no longer work for the H1B employer unless you file the COS back to H1B and that gets approved (with a new I-94) or you leave the country and return back in H1B visa.

Hello Again,
Finally I got my H1B-Approved on JUne-8th 2011 for 3 years. Even though we applied for a consular processing(as I have a gap of 1 day between L2 and H1:-L2 ending on Sept 29 2011) it came in as a change of status. But my attorney said that as I'm not legally eligible for a change of status because of this one day gap, I should still need to go for stamping to India before starting to work in H1B. My husband's company will apply for his L1 by Sept 1st week and we will be including my L2 also with that extension. So by Sept 30, my status will be 'waiting for L2 extension decision'. Will that waiting status help me to change my status automatically to H1B on October 1st?

Thanks in advance..

[Neha007]

H1B to L2

hi, I submitted application for H1B visa last week to USCIS and waiting for receipt no, Since my L2 expires next week on aug 24th 2011, I am applying for L2 extension to stay here legally and also as H1B will be valid only after october 2011 or later, Is there a way to cancel my L2 extension if I get my H1 first as if my L2 extension gets approved, it will change back from H1B to L2...

[shervin143]

You cannot cancel the L2 petition. If you do that, your stay in U.S from August 24th until Oct 1st will be considered as illegal stay. Even if the H1B approval comes first, since it is a new H1B, the effective date will be Oct 1st or later. You still need to be in a valid status until the H1B becomes effective. If the L2 effective date is after the H1B effective date, then your status will change to L2 as per the last action rule.

hi, I submitted application for H1B visa last week to USCIS and waiting for receipt no, Since my L2 expires next week on aug 24th 2011, I am applying for L2 extension to stay here legally and also as H1B will be valid only after october 2011 or later, Is there a way to cancel my L2 extension if I get my H1 first as if my L2 extension gets approved, it will change back from H1B to L2...

[Neha007]

H1B to L2

Hi,
My current L2 expires on 24th Aug 2011, We will be filing for L2 extension this week. If it gets approved, then the L2 extension effective date will be from 25th Aug 2011 right ?
But for the H1 that was filed last week under COS will be effective only after OCT 1st or later of 2011 right ?
What happens if my L2 extension approved first prior to H1 ? Do I need to go for stamping in India ?
Or can I start working with H1 after H1 approved ?

[shervin143]

Did you search and read about the last action rule. Your status will change to whatever petition that gets effective last. If H1B effective date (should have come with a new I-94) is after L2 effective date, then your status will be H1B. Otherwise L2.

Hi,
My current L2 expires on 24th Aug 2011, We will be filing for L2 extension this week. If it gets approved, then the L2 extension effective date will be from 25th Aug 2011 right ?
But for the H1 that was filed last week under COS will be effective only after OCT 1st or later of 2011 right ?
What happens if my L2 extension approved first prior to H1 ? Do I need to go for stamping in India ?
Or can I start working with H1 after H1 approved ?