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srijan

L2, H1B

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I am on L1 visa. My wife and daughter (4 years old) joined me on L2 visas. My wife applied for an EAD and got it. She also had an unused H1B approved petition from her prior employment. She now got an offer from a firm and the firm applied for a new H1B by recapturing her prior unused approved H1B and she started working for the firm once the new H1B was approved (I-129).

1) Is this considered a change of status from L2 to H1B from USCIS perspective (her firm did not file an I-539 change of status but just utilized her prior H1B through an I-129)?

2) If my wife wants to move back to L2. Does she have to apply for a change of status?

3) If we want to visit our home country, Can my wife re-enter on her L2? If yes, can she work on L2 EAD upon return?

4) My daughter’s L2 was changed to H4 through I-539 Change of status application. Do we have to apply for a change of status for my daughter if I want to bring her back to L2?

5) If we visit our home country, can my daughter re-enter US on L2?

6) If we need to apply for a change of status for both my wife and for my daughter, can we travel to our home country after applying but while still in process and reenter on L2?

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1. If her I797 did come with an I94 then it is approved as COS.

2. Yes.

3. Yes.

4. Yes.

5. Yes.

6. Yes, both need a valid L2 visa and a copy of your I797.

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Thank you. I have few more associated questions:

 

1) If my wife dont apply for a change of status from h1b to L2 and leave for home country and reenter on L2 along with me, what will be her active status in US upon reentry? Will she be considered to be still on H1B since she did not apply for change of status to L2 yet or will her active status be L2 since she reentered on L2?

 

2) After reentry on L2, if she wants to work, can she work on her EAD (assuming EAD is not expired)?

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Thank you. I have few more associated questions:

1) If my wife dont apply for a change of status from h1b to L2 and leave for home country and reenter on L2 along with me, what will be her active status in US upon reentry? Will she be considered to be still on H1B since she did not apply for change of status to L2 yet or will her active status be L2 since she reentered on L2?

2) After reentry on L2, if she wants to work, can she work on her EAD (assuming EAD is not expired)?

1. L2.

2. Yes.

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Hello,

I had same question almost, where In I have my L2 visa approved from Company X and Now I got my H1B approved petition and Im in india.

Q): Can I go to H1B stamping , will it permanently cancels my L2 status? where I would like to hold both the visas so that I can travel with my wife[L1 holder] to USA on L2 petition and want to apply for EAD. Upon reaching US if I don't get good opportunities then I would Join my H1B petitioner company changing my L2 status to H1B.

Q2) Is any risk in this if I go for H1B stamping i.e will consular will Cancel my L2 VISA to approve my H1B ?

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