Can H1B visa holder (Visa stamped) apply for L2 Visa and will H1B pettition remain valid when L2 gets approved


I am H1B visa holder and currently there is no onsite opportunity for me so, I am in India. Recently, My husband got an opportunity to go to USA on L1 Visa for short term. Below are my some queries:

  1. Can I apply for L2 visa when my H1B visa is stamped (which is valid till dec 2017)

  2. Will H1B visa remain valid while L2 visa processing

  3. Will H1B visa pettition will be valid, if L2 gets approved.

Please respond my queries which will be benificial for me to take the right decision.

Thanks in advance.

  1. Yes

  2. It will be officer’s discretion whether to cancel H-1 visa stamp w/o prejudice or not. Even if he cancels it, your petition will not be impacted

  3. Yes

Once in US on L-2, you can apply for COS from L-2 to H-1 whenever you find the right work opportunity.