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status of L2 visa of dependent in US after changing from L1B to H1B

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  • status of L2 visa of dependent in US after changing from L1B to H1B

    I am having L1B which will expire on Sept 12 , 2022 . My family is in India and don't have any visa. My company has also applied for H1b visa whose result will come in April first week. Mean while I am planning to bring my family to US by getting them L2 visa by May/June.
    My question is , if I get selected for H1b visa , will my family L2 be invalid and will they have to go back to India immediately
    My company will file H1B petition only after when we will be US in May/June.
    Dont know if this may put me some unknow issue . Looking for suggestions

  • #2
    Once your H-1B is approved, you need to start on the H-4 paperwork for them.

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    • #3
      Your company applying in April sounds like they are applying for a start date of October 1 (because their H1b is subject to the cap per fiscal year, and the new fiscal year starts in October, and they can only apply 6 months ahead of time; that's why all cap-subject H1bs are applied in April). Therefore, even if your H1b petition and change of status are approved, it will take effect on October 1. So you will still be in L1 status in May/June, and your dependents can come on L2 during that time. They would then have to apply for Change of Status to H4 status.

      This is my personal opinion and is not to be construed as legal advice.

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