L2 to H1B conversion in "Out of country" case


vishalhcst

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Hi,

 

I am on L2 EAD and My employer is filing my h1B in normal processing with "Out of country" case as I have planned to visit india in may 2016 and will be back in June 2016. Is it possible to file H1B from L2 in normal processing with "Out of country" case when I have planned to visit outside USA. Is it effect my travel or my case with uscis.

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Hi,

 

I am on L2 EAD and My employer is filing my h1B in normal processing with "Out of country" case as I have planned to visit india in may 2016 and will be back in June 2016. Is it possible to file H1B from L2 in normal processing with "Out of country" case when I have planned to visit outside USA. Is it effect my travel or my case with uscis.

What is this out of country case?Never heard this term

 

In your case, it should be H1 petition along with COS.

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I think you mean "Consular Notification." That would be an H1 without change of status (COS.) It is possible, but you would continue to be in L2 until you go abroad, get an H1 visa stamp, and enter with that H1 visa. Entering with the H1 visa would only be possible from 10 days before the start date on.

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