L2 status with H1B filed

[mbhavesh1]

Hi,

 

I am currently residing in US with L2 status which is valid for another 5 years.

I have an EAD card with which I am doing a job. I wish to apply for H1B visa in April 2015 which if I get it will be active from Oct 1-2015.

 

The issue here is that I wish to travel in the month of June 2015?Can I travel?

Do I need to reenter the US in september 2015 or does my employer need to file a second petition after October 1 due to my visit? I really dont get the reason behind not travelling if its true that I cant travel since being an L2 dependant I should be able to enter the US as many times I like..

 

Thanks.

 

 

[jairichi]

You can travel. But, if you travel before your COS to H1B is approved then you will not automatically move to H1B from Oct 1st as your COS part of H1B petition is considered abandoned due to your travel. You will need to enter with a valid H1B visa and I797 to be on H1B status. But, if you travel after your COS to H1B petition approval you are fine to enter before Oct 1st on L2 and automatically you will move to H1B status from Oct 1st.

[mbhavesh1]

You can travel. But, if you travel before your COS to H1B is approved then you will not automatically move to H1B from Oct 1st as your COS part of H1B petition is considered abandoned due to your travel. You will need to enter with a valid H1B visa and I797 to be on H1B status. But, if you travel after your COS to H1B petition approval you are fine to enter before Oct 1st on L2 and automatically you will move to H1B status from Oct 1st.

Can I apply for premium processing so that I can come to know that within 15 days about the decision. I guess the COS approval will also happen faster. That way I can apply in April and safely travel by July?

 

Also, for regular processing by when can I get to know about the COS approval. Is there are tentative timeline?

[jairichi]

Can I apply for premium processing so that I can come to know that within 15 days about the decision. I guess the COS approval will also happen faster. That way I can apply in April and safely travel by July?

 

Also, for regular processing by when can I get to know about the COS approval. Is there are tentative timeline?

Yes, PP is the best option. Regular processing might take 3 to 4 months.

[mbhavesh1]

As discussed, I applied for premium processing for H1 this year and got my visa. Thanks for the brilliant advise.

 

This means that my COS approval will happen soon before May 2015.

If I travel by July 2015 to India, I can re-enter back on my L2 by August 2015. However, my employer tells me that "My H1 will only be active when we give you your first salary after October 1." 

 

I am currently on L2 EAD and doing a high paying job and I might not get those high salaries on H1 to start with.

Does this mean that I can continue on my L2 even after October 1st?

 

If the answer to above question is Yes, Can my Green Card application be started on L2 and then later move to H1?

[jairichi]

As discussed, I applied for premium processing for H1 this year and got my visa. Thanks for the brilliant advise.

 

This means that my COS approval will happen soon before May 2015.

If I travel by July 2015 to India, I can re-enter back on my L2 by August 2015. However, my employer tells me that "My H1 will only be active when we give you your first salary after October 1." 

 

I am currently on L2 EAD and doing a high paying job and I might not get those high salaries on H1 to start with.

Does this mean that I can continue on my L2 even after October 1st?

 

If the answer to above question is Yes, Can my Green Card application be started on L2 and then later move to H1?

So you mean to say that your H1B petition was picked in lottery this year and got approved?

To keep working for L2 employer beyond 30th September 2015 you will need to exit and enter with a valid L2 visa and a copy of your spouse's I797 on Oct 1st 2015.

Your GC process can be initiated anytime.