H1b to L2 and L2 to H1B


rmohant

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Hi,

 

I came to US on L2 in Nov 2012, then made the CoS to H1b thru 2013 quota and valid till Dec 2015. Currently Me and my spouse are working in different locations.

 

My spouse's L1B expires in Jun 2015

 

Now, I'd like to shift to L2 to accompany my spouse for couple of months.

 

So, my questions are:

1. What is the process followed for H1 to L2 conversion? how much time it would take? 

2. After couple of months(3 months), if I want to go back to H1b from L2 - what is the process and how much time it would take to get the change of status

 

If everything is alright, can these conversions (H1 to L2 and L2 to H1) be done before Jun 2015?

 

Thanks in advance

 

 

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Thanks Jairichi.

I have follow up questions.

 

1.

a. As soon as I file form I539, would the receipt/acknowledgement of the filing considers me in to L2 status or H1 status while it is in the process of approval? 

 

b. If the answer to above qn is H1B, Can I still continue to work on H1b while the L2 approval process is completed? and change the employers?

 

2.

a. While L2 COS is in the process of approval, If i find a job, does the new employer needs to do H1 transfer or COS to H1B? In this case, what happens to the L2 COS?

 

b. While in the middle of L2 COS approval, Can i start working based on the receipt of either H1 transfer/COS to H1B (Premium Processing)?

 

c. Employer files COS to H1B with premium processing after the approval of L2, can I start working for the employer as soon as the receipt number is available?

 

d. These COS necessitates me to go for visa stamping in India unless I make a visit?

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Thanks Jairichi.

I have follow up questions.

 

1.

a. As soon as I file form I539, would the receipt/acknowledgement of the filing considers me in to L2 status or H1 status while it is in the process of approval? 

 

b. If the answer to above qn is H1B, Can I still continue to work on H1b while the L2 approval process is completed? and change the employers?

 

2.

a. While L2 COS is in the process of approval, If i find a job, does the new employer needs to do H1 transfer or COS to H1B? In this case, what happens to the L2 COS?

 

b. While in the middle of L2 COS approval, Can i start working based on the receipt of either H1 transfer/COS to H1B (Premium Processing)?

 

c. Employer files COS to H1B with premium processing after the approval of L2, can I start working for the employer as soon as the receipt number is available?

 

d. These COS necessitates me to go for visa stamping in India unless I make a visit?

1. a. You will be in lawful status in US. You can still work for H1B employer if you want till a decision is made on your COS application.

1. b. Yes.

2. a. A H1B transfer and COS to H1B is effectively the same. Once your COS to H1B gets approved you can request USCIS for withdrawal of your COS to L2 petition. In case withdrawal does not happen and COS to L2 application gets approved your H1B employer's attorney can contact USCIS about this withdrawal issue and get it rectified. Otherwise you need to exit and enter US with a valid H1B visa and I797.

2. b. No. Only after COS to H1B approval.

2. c. No. Only after COS to H1B approval.

2. d. That is correct. Avoid travel or else be ready to go for visa interview.

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