L2-h1

[chunkey123]

Hi,

I entered in US on L-2 and got my h1b approved....On My h1b approval there is 1-94 attached .Now i want to visit India... I just want to know Can i come back on L-2 without H1b stamped...and wud after coming back to Us on L-2 wud my h1b will be valid or i my h1b wud comes on an end...Plz help...

[DMX17]

Under current laws, your H1 can be used till you use up all of your H1+L1 time (6 yrs). Time spent on other status and time spent outside the U.S. does not count towards 6 yr limit.

You can enter on L2 if you have a valid L2 visa.

Whenever you want to change your status to H1, you can either apply for COS or enter using an H1 Visa + I-797 + Offer letter. You must maintain your status all the time.

[chunkey123]

Thanks for your reply...

It means i Can enter into US with L-2 visa . I just want to let u know that My employer for whom i was working on L-2 has applied my H1b along with copy of i-94 and on my h1b approval also shows i-94..and my according to my employer, now i am on h1b not on L-2 and also, in case if i go for stamping in india and didn't get my visa and i came back to Us on L-2...do i need to apply for My EAD(L-2)again. My L-2 Visa is Valid upto 2009

[txh1b]

If you enter on L2 again, you are on L2 visa and would need EAD to work. You can use the previously issued L2 EAD if it is still valid for employment.

[chunkey123]

Thanks ..My EAD is Valid till 2009 and if i enetr on l-2 my h1b will also be valid and i can use my h1b any time....Am i right and also My EAD mentiones, not valid for re entry into US

[txh1b]

Thanks ..My EAD is Valid till 2009 and if i enetr on l-2 my h1b will also be valid and i can use my h1b any time....Am i right

H1b will be passive and you cannot use it on your will. USCIS has to approve your COS to H1b from L2 for you to be able to use the H1b again.

All EADs mention that as having an EAD does not grant you the right to enter. Hence you need a visa and L2 status to enter and for parolees, they need AP to enter.

All that means is EAD is not valid for entry like a visa or AP.

[chunkey123]

Thanks a bunch....For USCIS COS approval...do i have to go through again the process of filling and lotto process or what wud be process for approval from USCIS

[txh1b]

Thanks a bunch....For USCIS COS approval...do i have to go through again the process of filling and lotto process or what wud be process for approval from USCIS

This has been answered by DMX earlier. Once you have a H1b selection, it remains with you as long as the 6 years are not used up and are not subject to cap anymore.

[chunkey123]

Thank you all