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H1b to L2 COS and Back to H1B

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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

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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)

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