L2 or B2 to keep H1B visa intact

[visa_confusion]

Hi All,
I am in tough spot here. One of US's staffing firm processed my spouse's H1B last year, petition got approved and visa is also stamped in early Feb 2012. Now future employer is delaying the start date and there is no definite answer from them.

In the meantime, I had to travelled to US for work purpose on L1-B visa. As I will be in US for another 6-9 months, my spouse is now planning to travel on dependent visa. I have few doubts related to same.

1. Should we file L2 or B2?
2. What will be the impact of L2 or B2 approval/rejection on current H1B Visa as well as H1B Petition?
3. If he gets L2, will his H1B Petition gets revoked?

Do help me.

Thanks.

[raghvi]

L2 or B2 to keep H1B visa intact

1. Should we file L2 or B2?

As your Spouse will be your dependent youshould file for L2 for your spouse
2. What will be the impact of L2 or B2 approval/rejection on current H1B Visa as well as H1B Petition?
It all depends on the VO, they may or may not cancel the H1 if they approve or reject the L2
3. If he gets L2, will his H1B Petition gets revoked?
If your spouse gets the L2 in most likelihood the H1 on the passport will be Cancelled with CWOP

Once on L2 in US, your spouse can get EAD and work too or can find another employer and trasfer the H1.

The above is my opinion do consult experts to.

[kabkaba]

It depends on the Consular officer.
H1 Visa Cancellation does not mean petition cancellation and it also does not mean ineligibility for cap-exemption.

[visa_confusion]

Thanks for the feedback.

We have started working on L2 application. There is one more doubt,
- Will L2 approval be based on existing H1B? In worst case scenario (and legally), are they allowed to Reject L2 and also revoke H1B Visa?

{the project on which I was supposed to work on H1, got delayed in approval.}

[shervin143]

L2 has nothing to do with H1B petition. L2 is based on L1 petition. However, when you appear for a visa interview, in most cases the previous visas in the passport will be cancelled with CWOP (Only the visa, not the petition) before deciding whether to issue or reject the new visa that is requested. So to answer your question, there are chances that the previously stamped H1B visa getting cancelled and the newly applied L2 getting rejected.

Thanks for the feedback.

We have started working on L2 application. There is one more doubt,
- Will L2 approval be based on existing H1B? In worst case scenario (and legally), are they allowed to Reject L2 and also revoke H1B Visa?

{the project on which I was supposed to work on H1, got delayed in approval.}