Hi, I am on Valid L2 and my employer has files for h1b in premium processing. If my visa is approved, I dont want my status to change from L2 to H1b on 1st October. Can i file for Change of status (h1b to L2) once my h1b is approved?
Easier way is to travel outside of US while H-1 COS is pending. This way your H-1 would still be approved but w/ consular processing. So status would remain L-2 even in Oct.
Thanks for your input! Need some clarification.
So if my visa is approved in June and I travel in august, My h1b is still valid and I enter on L2 correct?
2 scenarios here:
You leave US before your H-1 is approved and then return anytime after that. Your COS is invalidated and you would remain on L-2 (which is what you would enter w/)
You leave US after your H-1 has been approved w/ COS. In this case you have to ensure that you return after Oct 1 (which is the typical COS effective date). You can enter on L-2 and would remain on L-2. If you enter prior to Oct 1, you would automatically move to H-1 based on previous COS approval notice.
Thanks a lot Saurabh,
One more question. If i ask them to revoke my application (once its approved) before 1st Oct will my L2 status be active?
Is my petition valid if and when i have an employer who is ready to transfer my h1b?
I am trying to avoid traveling out of USA. So trying for alternative route.
Thanks for your help! really appreciated!
Yes, you can ask the employer to withdraw the H-1 petition. Once that is withdraw, accompanying COS would also be withdrawn and you would remain on L-2.
The employer may not be too happy as it would be a financial loss for them (fees etc).
In future, another employer can file H-1 transfer even if this petition has been withdrawn.
Thanks a lot… One final question -
How long the petition will be valid?
Thanks a lot for your help.
You mean remain valid for filing future cap-exempt petition? It can be filed within 6 years.
Perfect! Thanks a ton! This was helpful