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Apurv123

Urgent!! L2 - H1B Visa Transfer

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Hi,

 

I need your suggestion in following scenario:

 

Currently, I have an active L2 visa and I am working. I got my current job through contractor(C1). I have also applied for H1B visa through different contractor(C2). My H1B petition got selected in lottery and in a state of initial review.

 

I have following questions

1. Can i work in my current L2 visa until my H1B visa processing completed.

2. After my H1B visa petition approval (after stamping), will my L2 visa get cancelled.

3. If not, then can i work on my L2 visa till change of status request completed.

4. Can my current contractor(C1) initiate the Change of status request without informing the contractor(C2) who filed my H1B visa.

 

 Please help me on this. 

 

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Apurv123

 

1) Yes, you are still in L-2 status until October 1st (or until the H1B approval date, if after that) and can work for your L2 employer until then.

 

2) You can only have one status - if your H1B is approved for a "change of status" you will be in H1B status as of the approval date (or October 1st, whichever is later), and can no longer work for your L-2 employer. If the H1B is approved for "consular processing", you will be in L-2 status until you obtain a visa stamp and re-enter the United States in H1B status.

 

3) Yes, you can work for L-2 employer until the H1B change of status is approved (or your L-2 expires)

 

4)I'm not sure that I understand this question - your current employer could file an H1B "change of employer" petition, at a later date, if that's what you are asking (assuming that the pending H1B petition for C2 is approved). This is a risky proposition if you never work for C2, so I'd consult an attorney in regard to this scenario. If you go and work for C2 for a period of time, and then transfer back to C1 (after they file their own H1B petition for you) not such a problem).

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