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Have L2 and H1B, have 2 I94, both are valid?

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  • Have L2 and H1B, have 2 I94, both are valid?

    I've L2 Visa stamped and H1B visa as well which is not stamped.I started working in EAD which is expired in jan'12. My H1B is valid till 2013. I went to India in nov 2011 and came back in dec 2011 showing L2 visa and won't go for stamping H1b. So I got a new I-94 for L2 visa. I still have another i-94 attached in my h1b Visa. So my query is that is it legal to work in H1b Visa? Or I'll not be able to work legally?

  • #2
    The basis rule - return all the I-94s when you leave the country. Why is your I-94 associated with the H1B still with you? Did you read the approval notice. It will clearly say detach the I-94 and staple it to the passport. Follow the below link to return that I-94 back to CBP.
    Returning an Uncollected Form I-94 Back to U.S. Customs and Border Protection


    Since you have entered U.S in L2, your status is L2. You cannot work for the H1B sponsor unless a COS from L2 to H1B is filed and it gets approved or you leave the country and return back in H1B visa.


    Originally posted by Mou View Post
    I've L2 Visa stamped and H1B visa as well which is not stamped.I started working in EAD which is expired in jan'12. My H1B is valid till 2013. I went to India in nov 2011 and came back in dec 2011 showing L2 visa and won't go for stamping H1b. So I got a new I-94 for L2 visa. I still have another i-94 attached in my h1b Visa. So my query is that is it legal to work in H1b Visa? Or I'll not be able to work legally?
    Not a legal advice. Use of this information is strictly at your own risk.

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