Change of staus L2 to H1B

[Rachana.Patel]

Hi All,

I got H1B approval in Sep-2012.
I am planning to visit India next month, I have to go for stamping.
If H1 gets rejected can I come back on L2?
My L2 is valid till April-2013.

Thanks in advance.

[raghvi]

Hi All,

I got H1B approval in Sep-2012.
I am planning to visit India next month, I have to go for stamping.
If H1 gets rejected can I come back on L2?
My L2 is valid till April-2013.

Thanks in advance.

When you say H1B got approved , was it filed as COS or Consular Processing? Did you get a new I-94? If it was a COS and you got a new I-94 then your H1 is already active and you are no longer on L2. If sor soem reaosn h1 gets denied and in case the VO doesnt cancel your L2 in passport when you go for H1 interview, you will be able to come back on L2 till April 2013. Once in US to get back to H1 you will again have to file a COS from L2 to H1 before L2 I-94 expiry.

This is my opinion not legal advice.

[Rachana.Patel]

When you say H1B got approved , was it filed as COS or Consular Processing? Did you get a new I-94? If it was a COS and you got a new I-94 then your H1 is already active and you are no longer on L2. If sor soem reaosn h1 gets denied and in case the VO doesnt cancel your L2 in passport when you go for H1 interview, you will be able to come back on L2 till April 2013. Once in US to get back to H1 you will again have to file a COS from L2 to H1 before L2 I-94 expiry.

This is my opinion not legal advice.

It was filed as COS. If suppose VO cancel my L2 in passport, Can I reapply L2?

[raghvi]

It was filed as COS. If suppose VO cancel my L2 in passport, Can I reapply L2?

In case they grant you H1 they will most likely cancel your L2, in case they reject H1 they generally dont cancel L2 but in case they do so, you can always re apply for L2 provided your spouse is maintaining valid L1 status.

This is my opinion not legal advice.

[Rachana.Patel]

In case they grant you H1 they will most likely cancel your L2, in case they reject H1 they generally dont cancel L2 but in case they do so, you can always re apply for L2 provided your spouse is maintaining valid L1 status.

This is my opinion not legal advice.

Thank you for your help.