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Reusing H1B petition

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  • Reusing H1B petition

    I'm in L1B now. My wife has stamped H1B visa (not travelled before in this visa), but she is not getting my location option to work. Now if she applies L2, her H1B will be cancelled (I assume). After coming in L2, she can apply EAD to work. In future, will she be able to use the H1B petition for COS from L2 to H1, as the petition is valid till 2013. Does she need to have worked in the H1B and generated 3 paystubs to re-use the petition?? I'm confused!!!! Pls help.

  • #2
    She will be able to use the CAP from the existing H1B petition to file a new H1B petition later as a COS from L2 to H1B. If she has not work in H1B status, then there will be no pay slips and they are not required.
    Not a legal advice. Use of this information is strictly at your own risk.

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