L2 Extension approved, H1 petition approved. Need to travel to India

[mahi191]

Hi,

I am on L2 visa. My L2 extension got approved and not yet stamped. I need to travel to India due to some personal work. But the other day my H1 petition got approved. Does that mean my L2 status is voided now? As I am travelling to India, which Visa should I go for stamping? If I go for L2 stamping, will my approved H1 petition be voided? Is there any chance to come back on L2 and get my H1 transferred to another employer.?

[Libra_14]

Hi,

I am on L2 visa. My L2 extension got approved and not yet stamped. I need to travel to India due to some personal work. But the other day my H1 petition got approved. Does that mean my L2 status is voided now? As I am travelling to India, which Visa should I go for stamping? If I go for L2 stamping, will my approved H1 petition be voided? Is there any chance to come back on L2 and get my H1 transferred to another employer.?

Have you/your H1 employer filed I539 (cos) or only I129 (petition) ?

[mahi191]

Just I129

[Libra_14]

Just I129

Since you haven't changed your status to H1 yet (petition approval is not change of status - you can verify your status on online I94 as well), you can go ahead with L2 stamping (easy & quick) & do a COS later once you are in USA.

Since you have H1 also approved, if you want you can get H1 as well (instead of L2) - however the interview will be totally different.