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Can I use old L2 visa if I do not get my H1 stamped?

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  • Can I use old L2 visa if I do not get my H1 stamped?

    My spouse is on L1 visa. I have an L2 visa stamped on my passport which is valid till Dec 2012. I also got EAD(on L2) valid till Jul 2012. I processed a H1B petition in May 2011 via change of status (no visa stamped as done in US). We plan to go to India on vacation in Mar 2012 wherein I will be attending visa interview for my H1 visa.

    My question is as follows
    If I get into any issues on stamping, I plan to withdraw H1 visa request so I can travel back on L2.

    - Is the L2 visa stamped on passort valid? Can I travel without any additional processing? OR
    - Should I have to apply for change of status for L2 and get visa again. If Yes, How much time does it take to do change of status from H1 to L2
    - is my L2 EAD valid or do i need to apply again?

    Any help is greatly appreciated

  • #2
    Originally posted by kalaivanan1983 View Post
    My spouse is on L1 visa. I have an L2 visa stamped on my passport which is valid till Dec 2012. I also got EAD(on L2) valid till Jul 2012. I processed a H1B petition in May 2011 via change of status (no visa stamped as done in US). We plan to go to India on vacation in Mar 2012 wherein I will be attending visa interview for my H1 visa.

    My question is as follows
    If I get into any issues on stamping, I plan to withdraw H1 visa request so I can travel back on L2.

    - Is the L2 visa stamped on passort valid? Can I travel without any additional processing? OR
    - Should I have to apply for change of status for L2 and get visa again. If Yes, How much time does it take to do change of status from H1 to L2
    L2 Visa will be valid as long as it does not get canceled during your H1 interview. You can use it to travel as long your spouse is maintaining L1 status.

    - is my L2 EAD valid or do i need to apply again?
    You can use the EAD as long as you enter the US using L2 Visa and your spouse is maintaining L1 status.
    Any help is greatly appreciated
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      - Is the L2 visa stamped on passort valid? Can I travel without any additional processing? OR
      >>> Most pof the time they will cancel the existing visa before issuing a new one. So if your L2 visa is not cancelled by the consulate, then you can use that to travel.

      - Should I have to apply for change of status for L2 and get visa again. If Yes, How much time does it take to do change of status from H1 to L2
      >>> No need to apply for the chnage of status. If H1B visa gets rejected and if the consulate cancels your L2 at that time, then you have to apply for the L2 visa again and when approved you can travel.

      - is my L2 EAD valid or do i need to apply again?
      >>> You will have to apply for the EAD.
      Not a legal advice. Use of this information is strictly at your own risk.

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