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L2 to H-1B while L1 to H-1 same time

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  • L2 to H-1B while L1 to H-1 same time

    Hi All,

    I am on L2 now and My spouse is applying for H-1B in a week and included me and child as dependants (H4).

    Before my spouse's H-1B filing, One employer agreed to file my H-1B and already they filed my H-1B today with current L2 status.

    My questions are,
    If my L2 to H-1B approves first then my H-1 approves, what will be my status in US?
    Do we need to wait until my H-1B approved then file my spouse's H-1B to get the H-1B status?

    Please help
    Thank you

  • #2
    If my L2 to H-1B approves first then my H-1 approves, what will be my status in US?
    >>> Your status will change as per the last effective I-94. If H4 becomes effective last, the your status will change to H4 and you cannot work. If H1B becomes effective last, then you will be in H1B status and you should work and get paid to maintain the H1B status. Search and read about the last action rule.

    Do we need to wait until my H-1B approved then file my spouse's H-1B to get the H-1B status?
    >>> Your H1B and your wife's H1B are totally independent. Your H1B filing has nothing to do with her H1B filing.
    Not a legal advice. Use of this information is strictly at your own risk.

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