L-2 to H1B

[akash.srivastava]

Hi,

I am working with my company on L-1B visa and my wife is also working with same company on L-2 EAD. We both have valid L-1 and L-2 visas stamps on our passports valid until 01-Jan-2017. My employer now wants to sponsor Green Card for me under EB2 caregory. Since there are no extensions left on my L-2 my employer is sponsoring H1B for both me and my wife in coming April 2016.

I have following question:

1. Can my wife travel to India in June 2016 after her H1B application is selected for processing in April 2016 and re-enter US on her current L-2 visa. Will my wife face any problem at port of entry. I assume that no decision would have been taken on her H1B application by then.

[raghvi]

Hi,

I am working with my company on L-1B visa and my wife is also working with same company on L-2 EAD. We both have valid L-1 and L-2 visas stamps on our passports valid until 01-Jan-2017. My employer now wants to sponsor Green Card for me under EB2 caregory. Since there are no extensions left on my L-2 my employer is sponsoring H1B for both me and my wife in coming April 2016.

I have following question:

1. Can my wife travel to India in June 2016 after her H1B application is selected for processing in April 2016 and re-enter US on her current L-2 visa. Will my wife face any problem at port of entry. I assume that no decision would have been taken on her H1B application by then.

1. Dont see any issues entering US on L2 but H1 if applied as COS, then the petition may get approved but COS will get denied if one travels while it is still pending.

This is my opinion not legal advice.

[akash.srivastava]

L-2 to H1B

Hi,

Thank for your reply. How does H1 applied as COS different from regular H1:

1. Does it not limited to annual cap.
2. It doesn't need to go through random selection in April 2016.

A few more questions:

1. If my wife travels to India after petition is approved COS is also obtained. Please confirm that in this case she and my children will need to get H1B stamped at a IS consulate in India.
2. What will be happen if petition is rejected. Does her L-2 status still remain valid and she can travel to India and re-enter US.

Thanks,
Akash

[raghvi]

Hi,

Thank for your reply. How does H1 applied as COS different from regular H1:

1. Does it not limited to annual cap.
2. It doesn't need to go through random selection in April 2016.

A few more questions:

1. If my wife travels to India after petition is approved COS is also obtained. Please confirm that in this case she and my children will need to get H1B stamped at a IS consulate in India.
2. What will be happen if petition is rejected. Does her L-2 status still remain valid and she can travel to India and re-enter US.

Thanks,
Akash

H1 petition can be applied as consular process or as COS. Both have to go through the Cap if being filed by a cap subject employer. It does not matter if H1 petition is applied as Consular process or as COS if there is random selection the petition has to go through it. Another thing to remember is that fresh H1 petition can begin only from 01-Oct-2016.

1. If your spouse travels after COS approval then she can re enter on L2 prior to Oct 1st and as COS is approved, she will automatically move to H1 from 01-Oct-2016 and must work and get paid by H1 employer from that time.

2. If H1 petition is rejected her L2 visa will still be valid (if L2 is stamped and valid in passport).

The advantage of filing COS and getting it approved before her travel is that your spouse need not go through the h1 stamping as long as she wants to return on L2 visa and move ot H1 from 01-Oct-2016.

Also, dont forget to file L2 to H4 COS for your dependent children too.


This is my opinion not legal advice.

[akash.srivastava]

H1 petition can be applied as consular process or as COS. Both have to go through the Cap if being filed by a cap subject employer. It does not matter if H1 petition is applied as Consular process or as COS if there is random selection the petition has to go through it. Another thing to remember is that fresh H1 petition can begin only from 01-Oct-2016.

1. If your spouse travels after COS approval then she can re enter on L2 prior to Oct 1st and as COS is approved, she will automatically move to H1 from 01-Oct-2016 and must work and get paid by H1 employer from that time.

2. If H1 petition is rejected her L2 visa will still be valid (if L2 is stamped and valid in passport).

The advantage of filing COS and getting it approved before her travel is that your spouse need not go through the h1 stamping as long as she wants to return on L2 visa and move ot H1 from 01-Oct-2016.

Also, dont forget to file L2 to H4 COS for your dependent children too.


This is my opinion not legal advice.

Hi Raghvi,

Thanks for your quick response. It made things very clear for me. Please confirm following:

1. My wife's H1 should be applied as COS and once that is approved I should file L2 to H4 COS for my dependent children.
2. If her H1 gets approved before October 1st, she can travel to India and re-enter USA before October 1st without going through H1 stamping and then move to H1 from 01-Oct-2016.
3. Related to #1 provided my H1 is pending and effectively I will be on L1 until it gets adjudicated - do my children still need COS from L2 to H4 before they travel to India. Or they can re-enter US on L-2.
4. If my wife and children travel to India after 01-Oct-2016 and H1 is approved - they need to go through H1 stamping?

Thanks,
Akash