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L2 to H1B (with query)

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  • L2 to H1B (with query)

    Hello,
    Around 1 year ago I fields for H1B transfer and started working with the new company. But I got query asking for latest paystubs (which I didn’t had) and at the same time I got laid off. So my attorney cancelled my visa transfer and I went back to India and came on L2 visa.
    Now I wish to go back to H1B. My Petition is valid till 09/2010 (I complete 3 years .. need to do extension)
    So if I go back to H1B visa will my query come in picture which came during my transfer? (lack of paystubs)
    When I went for stamping (L2 visa), US consulate wrote cancelled on my H1B visa. So do I need to fly to India for re-stamping? So I can just change my visa state when I am in USA.
    Thanks ..

  • #2
    If you apply a COS to H1B, then you will need only the current pay slips to prove that you are in valid L1 status. No need for stamping as long as your COS gets approved. Upon approval, you can start working for the H1B employer.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thank you very much for your reply.
      But just want to make sure if my old query (when I was transferring my H1B visa .. Lack of Pay-stubs) will come in picture .. when I shift to H1B?

      And Is there any way where we can check our petition status (if it’s still valid). I am not sure if my old employer has cancelled it or not.

      Thanks again ..

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