H1b to L2 COS and Back to H1B

[akella]

Hi,

 

I am on H1 and it is expiring in Mar 2016 and i dont have stamping for the same in my passport

my husband is on L1A, we are going to India Aug 6th

 

I have few questions for making a decision of H1b to L2 COS

 

1) What if i apply for L2 before going to india? Will i get approval in 25 days?

2) If i get L2 before going to india, will my H1 be under CAP exempt

3) if i go to india and then get my L2 after i get stamped my H1 then will that be safe scenario?

4) If i move to L2 and my H1 expires and will my H1 be CAP exempt after it expired

5) say if i resign with my current employer and move to L2, then if any other employer does H1 will it be CAP exempt?

 

Please Advice.

 

Best Regards

akella

[livliv]

You should just get L2 Visa while abroad and return directly in L2 status. There is no need to apply for change of status.

 

You will still be cap-exempt for H1B purpose irrespective of anything unless you have used 6 years of H1B (spent 6 years in the US in H1B+L1 status)