Reusing H1B petition

[ekmcse]

Hi, 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.

[Attorney_10]

Generally, individuals are only permitted to hold one visa classification at a time. Thus, it is likely the H1B visa would be cancelled if the applicant applies for a L-2 visa. Once in the U.S. an L-2 visa holder may apply for employment authorization and may commence work once the employment authorization is granted. If at some later point in time the L-2 holder chooses to change status to H1B the employer will need to file a new I-129 petition with a request to change status on behalf of the applicant. Please schedule a consultation with a qualified immigration attorney to discuss the specific issues regarding your wife's case and the different options available to her.

[ekmcse]

Hi Attorney_10,

Thanks for your reply

The main question I have is during my change of status from L2 to H1, you have mentioned that the new employer should file I-129, will that come under the cap of the current year (i.e., the current year's quota of 65000) or will it be based on the validity of her earlier unused petition? I just want to know at that time will I need to apply under the new cap or not since existing previous unused petition is valid till July 2013!