What happens to dependents on L2 in USA if the L1b visa holder visits India for H1b

[sandeepps]

Hi,

My 5 years on L1B is closing in (6 months) and I need to visit India for H1b stamping in may be 3 months. What happens to dependents on L2 if they remain in USA if I, the primary L1b visa holder visit India and get my H1b stamped? Does L2 visa's become invalid immediately or it becomes invalid only after I enter US on H1b. My L1b does not expire for few more months.

[Libra_14]

As long as they have valid I94, they can stay in USA. But as soon as you loose your L1 status, they will be loosing their L2 status as well.

However since you are switching your status from L1 to H1 at the same time, you'll need to have your dependents also switch their status from L2 to H4. So, the moment you get your H1 stamped, be ready to file COS for your depends.