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Confusion about Visa status
Hi,I am on L2 and working on EAD. My employer has filed for my H1. However he has filed for fresh H1 not COS. My spouse(who is on L1 and based on which i have l2) has also filed his H1 but his is COS not fresh H1. So my query is once my husbands H1 gets approved ,does that mean my L2 becomes invalid the same date and I have to go back to india and get my H1 stamped if i want to continue to work. Or if my fresh H1 gets approved,i can straight away change to H1 from L2 even without going back to India.
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If your H1B is not filed for change of staus, then even if the H1B gets approved, your status will remain to be L2 (Because the H1B approval will not come with a new I-94). If your spouse has filed for H1B as a COS from L1 (and I am hoping it is a fresh H1B under 2013 quota), then upon approval his sttaus will change from L1 to H1B as of Oct 1st or later (it will be mentioned in his approval notice). As of your spouse's H1B effective date, you will go out of status on L2. You should leave the country before your spouse's sttaus chnages to H1B and return back in H1B visa to start working for your H1B sponsor and return back in H4 visa to remain as a dependent.Not a legal advice. Use of this information is strictly at your own risk. -
thanks for your prompt reply. another quick question,does staying in US on H4 for 1 year after staying in US on h1 for 6 years ,resets the counter o rnot.Comment
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No. To get a fresh 6 year period, you need to stay out of U.S for 1 whole year. Even if your enter U.S in between in H4 visa, the clock will not get reset.
Originally posted by vickysingh View PostNot a legal advice. Use of this information is strictly at your own risk.Comment
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Thanks for the response. Another quick question about my previous query. If my husband H1 cos gets approved and mine H1 fresh gets approved. my L2 status would not be no more valid the day my husbands h1 is active but can my husbands employer file for my h4? and can i change from l2 to h4 here itself in US. And then after some time i can go to india and get my h1 stamped. Can this be done, or even for l2 to h4 change i have to go to india. and changing to h4 from l2 would not impact my H1 approved petition?Comment
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Possible. The COS from L2 to H4 has to be done before you go out of status on L2. If your spouse's H1B will be effective from Oct 1st, then your application for COS to h4 should reach uSCIS before Oct 1st or before your current I-94 expiry date. It is advisable you file the COS to h4 based on your husband's pending H1B application right now.Not a legal advice. Use of this information is strictly at your own risk.Comment
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one more question,if my spouse h1 gets rejected would that even mean his l1 (currently what he is on) would also become invalid?Comment
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No. He will remain to be in L1 status if the H1B gets rejected or if it gets approved for consular process (H1B approval without a new I-94).
Originally posted by vickysingh View PostNot a legal advice. Use of this information is strictly at your own risk.Comment
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