Cap exempt H1-B just approved, what happens to l2 extension already filed?


Here is my case: I entered the US on L2 and been working on EAD.

My spouse’s L1 and hence my L2 are due to expire in March 2013 and so his company are in the process of filing for L1/L2 extension.

Since I previously had an approved/ unused H1-B petition, my current employer filed for a cap exempt COS for 1-129 in Nov 2012.

At that time I had asked my employer about my L2 extension and was told to proceed with filing for extension just in case my H1-B transfer petition got rejected.

My H1-B transfer was approved 2 days ago. Now am not sure what happens to the L2 extension. I know that whatever gets approved last takes precedence.

I am planning on travelling to India sometime this yr after there is a final result on my husband’s L1 extension. If it doesnt get approved will simply go back. End of story :slight_smile:

But if the L1/L2 extension gets approved then my H1-B is void. So how long would it take to do a COS again (if my employer doesnt kill me first) and go back to H1-B again?

Or should I ask to stop the L2 extension filing? The risk here would be that if there are visa stamping issues with my H1-B(I’ve been told this happens a lot for such cases) when I travel to India then I’m out of options for the next couple of months.

Any additional facts that I should be considering? Thoughts and suggestions appreciated.

You can ask L-1 employer to withdraw L-2 extension petition. You can then continue to work on H-1. If your H-1 stamping is rejected or put into 221g, you can go for L-2 visa stamp (assuming your husband is continuing employment on L-1) and then return on L-2 visa stamp.

If your L-2 is not withdrawn and gets approved, then you need to stop working on H-1 and file for COS to H-1. This can take 2-3 months and I don’t think PP services are available when you file just for the COS.

Thanks for the quick response Saurabh! Your answer clarified a few options for me. One additional question though:

Is it a good idea for me to go to Canada or Bahamas just for the H1-B stamping? I know its not recommended since US doesn’t allow re-entry without a valid stamping and home country is preferred for COS and 1st stamping. However I had a previous H1-B stamping(expired now) done in Chennai. It wasn’t “cancelled without prejudice” when I went there again for L2 stamping (coz’ I told him I wasnt sure if I’d enter on H1-B or L2) nor at the port of entry for some reason. I don’t know if this will prove to be a positive or a negative.

Added note: My education was all from India, but I’ve been working in the US on a L2 EAD since April 2011. Changed employers once (staying with same end client and prime vendor) but I do have the requisite employment/experience letter and paystubs to vouch for the duration of the employment.

Like you mentioned, it is always recommended to go to home country for the stamping. However, if this is not the first visa stamping then one can go to CA or MX as well; but the consulate can always refuse to accept the application if they feel like its better for you to go to home country.

You can search online about recent interview experiences of people who went there. In any case, have contingency plans if things don’t turn out the way you planned.

Thanks Saurabh! Appreciate your insight. I’ll stick to India for stamping. That seems to be the best option.