Status change from L2 to H1B and stamping

[MuthuAla]

I was on an L2 visa and I was working as a full time employee, I got my H1B approved Oct'23 onwards. Since it was 'Change of Status', my employer asked me to resign and try to find new contracts. Due to market conditions, unable to get a job so far and the employer has started the payroll from December onwards. 

My L2  I-797 is valid till Feb'25 and my H1B I-797 is valid till Oct'26, I'm thinking of changing the status to L2 again. I've already booked a visa appointment for H1B stamping in March, is it possible to go for L2 visa stamping or is it advisable to stay in H1B and go for H1B stamping?

[Attorney_22]

On 2/6/2024 at 8:16 AM, MuthuAla said:

I was on an L2 visa and I was working as a full time employee, I got my H1B approved Oct'23 onwards. Since it was 'Change of Status', my employer asked me to resign and try to find new contracts. Due to market conditions, unable to get a job so far and the employer has started the payroll from December onwards. 

My L2  I-797 is valid till Feb'25 and my H1B I-797 is valid till Oct'26, I'm thinking of changing the status to L2 again. I've already booked a visa appointment for H1B stamping in March, is it possible to go for L2 visa stamping or is it advisable to stay in H1B and go for H1B stamping?

It is advisable to speak with a U.S. immigration attorney directly. Based on the facts you provided, it appears you've been out of status and/or in violation of your status since the H1B change of status petition initiated in October 2023. Speaking with the attorney directly will allow you to discuss the nuances of your situation.