L2 to H1B conversion

[sr.santhosh]

Hi,

 

My Spouse got L2 and she did not enter in to US also now her H1B got picked up in lotery.

Please suggest whether she needs to come to US on L2 or H1B.

 

Planning to bring her in November, hopefully her H1B will also get apporved and legally she can work from October.

 

1. Should she needs to go H1B staming in india and then she needs to come on USA on H1B ?

2. else she can come to USA on L2 in november and later she can convert to H1B after coming to USA.

 

Even though she gets approved H1B, with out going to stamping in india whether she can travel legally to USA on L2 ?

 

Please advice 

 

[jairichi]

If she is entering in November how can she work from October?

1. If she wants to work on H1B then she needs a valid H1B visa and I797 to enter US and start work.

2. She can do that. To convert to H1B employer has to file a COS to H1B petition and pay H1B fee again. Will her employer do this? And, she can start working only after approval.

3. Yes, if she has a valid L2 visa.