on L2, Had previous H1B, new employer doing H1B transfer and want to travel to India

Hi All,

Hope you all are doing great!

I have a question about my visa status. I am currently on L2 visa (no EAD and unemployed) which is valid for another 6 months.I had a H1B(petition approved, visa not stamped) with my old employer prior to this, and now a new employer is ready to do H1B transfer. So if I travel to India now during the transfer process, will I be able to come back without stamping of the new H1B? Or in other words, will I be allowed to come back on L2 or should I get H1B stamped?

Please advise. Thanks


If you plan to return and work on H-1, then you should get H-1B visa stamped in your home country.

If you plan to return on L-2, then no stamping is required and you can return on current unexpired L-2 visa.

Your H-1 “transfer” will continue to be processed while you are out of country. If approved, there will be no I-94 attached as you would have left the country while it was pending.