Can a person have both L2 and H1B

[n_subbu]

Hi,

Can a person hold both L2 and H1B? My wife has applied for an L2 and later we decided to have H1B through her employer. Now she has got both L2 and H1B. Which is valid? Can she come here in L2 and after sometime can she join using her H1B? Appreciate immediate assistance.

Rgds
Subbu

[Subramanya]

Visa issues

Can a person hold both L2 and H1B? My wife has applied for an L2 and later we decided to have H1B through her employer. Now she has got both L2 and H1B. Which is valid? Can she come here in L2 and after sometime can she join using her H1B? Appreciate immediate assistance.

---- Yes, you can have L2 and H1B Visas at the same time. But at a given point of time her status in the US is determined by the latest Visa granted to her along with the I-94 and that is the last action by USCIS.

---- However, while entering US if she has both the L2 and H1 Visas at the POE she has to declare on which Visa she intends entering and the I-94 will be issued according to that

---- If she comes to the US on L2 and gets the H1 approved while in the US, she may have to apply for a H1 Visa at a US Consulate outside the country and then enter US with a I-94 issued for H1. COS from L2 -H1 may not be permissible if this is her first H1 (You may want to consult a qualified attorney to get a clear picture of this matter and have it sorted out)

Subramanya