L2 Extension approved but not stamped, H1 petition approved but not stamped

[mahi191]

Hi,

My L2 extension got approved in Sep 2018 but not yet gone for stamping. After few days My H1 petition got approved by employer A in Jan 2019. Now I am in India. I am confused about my current status.

1. I have not scheduled my H1 stamping interview yet. Can I go for L2 stamping now? or should I file for change of status from H1 to L2?
2. I want to resign Company A who filed my H1. So if I come back to US on L2 and join company B, can I transfer the approved H1 to Company B while working on L2?
3. If Company B is ready for H1 transfer, will it go through the Lottery process again or I will be exempted from lottery process.? (What happens if company A revokes my H1 petition)

As my husband is in US now and Company A is not ready to send me to US on H1 in near future, I want to give resignation to company A and go to US on L2. If I want to go for L2 stamping, should I need to file anything like change of status or simply I can schedule my visa interview? Please suggest me..

[Libra_14]

Hi,

My L2 extension got approved in Sep 2018 but not yet gone for stamping. After few days My H1 petition got approved by employer A in Jan 2019. Now I am in India. I am confused about my current status.

1. I have not scheduled my H1 stamping interview yet. Can I go for L2 stamping now? or should I file for change of status from H1 to L2?
2. I want to resign Company A who filed my H1. So if I come back to US on L2 and join company B, can I transfer the approved H1 to Company B while working on L2?
3. If Company B is ready for H1 transfer, will it go through the Lottery process again or I will be exempted from lottery process.? (What happens if company A revokes my H1 petition)

As my husband is in US now and Company A is not ready to send me to US on H1 in near future, I want to give resignation to company A and go to US on L2. If I want to go for L2 stamping, should I need to file anything like change of status or simply I can schedule my visa interview? Please suggest me..

Seems like you just have H1B petition approved - you never did a change of status while in USA & neither you worked on your H1 petition?

If so, you can freely apply for your L2 visa, get it stamped, re-enter USA as L2 & continue with it as long as allowed.

H1B petition approval is just an offer from a third company & its not required for you to join that company.

Lastly, if they company does not revoke that H1 petition, you can still use that petition to switch to H1 & have that H1 transferred to another company.