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Sushmasri

what happens to current L2 status when we have approved H1B

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Hi I'm currently on L2 Visa status with EAD valid till Apr 2015. Also, I got my H1b picked in this 2014-15 CAP. Though I have an L2 with EAD I didn't work, also my employer who filed my H1b couldn't find me a job till date. I wanted to travel India in Jan 2015. Since i'm currently not working i'm afraid of the H1b visa stamping. so can I travel to india and come back to US on my L2 visa. if yes, then what's the status of my approved H1b.

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If your H1B was filed as COS and approved and if employer is not paying your salary you are out of status. You need to file a complaint with DOL about employer.

Yes, you can exit and return back with a valid L2 visa and a copy of your spouse's I797. You will be eligible for cap exempt H1B petition in future.

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Your approved H1 petition should remain valid. But you may  have to get another employer to file your H1. You will not get a visa if you stick with this current shady employer. It is manifest fraud that he could not find you a job if he does not pay you. Please talk to a Lawyer about the whole matter.

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