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Moving from L2 Visa to H1b and back to L2

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  • Moving from L2 Visa to H1b and back to L2

    Hello Friends,

    Would appreciate your inputs on a visa situation that I am wrestling with:
      • I am on an L1 Visa and my wife is on a Stamped L2 Visa valid till February 2023 (Stamping happened during her India visit last year).
      • Her H1B visa was picked in the lottery by a Consulting firm who had applied for Change of Status and consequently she has now moved to a H1B Visa from the L2 Visa while in the USA
      • Later this summer, she needs to travel to India as her Father has to go through a pre-scheduled surgery. Given the fact that Visa appointments are hard to come by in India and added to the stress of surgery etc, she doesn't want to go in for a H1B stamping. So she would be resigning her H1B job and pause her H1B visa before she leaves the USA.
      • Post the surgery, she would like to return back to the USA on her already stamped L2 Visa. She will be showing the Stamped L2 visa at the immigration gate here in the USA. (She anyways will not have a H1B Stamped visa as she would have resigned from her job before she leaves the USA)
      • She will try and get a new Job offer once she is back to the USA and transfer her H1B visa to the new employer.


    Question in summary is, will the Stamped L2 Visa still be valid until February 2023 even if she moved to a H1B visa for a short time – can she change status back to L2 if she leaves the USA and return using the L2.


  • #2
    Originally posted by L2toH1BtoL2 View Post
    Question in summary is, will the Stamped L2 Visa still be valid until February 2023 even if she moved to a H1B visa for a short time – can she change status back to L2 if she leaves the USA and return using the L2.
    Certainly, there won't be any issue using her L2 to re-enter into USA, as long as you are maintaining your L1 status.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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    • #3
      Thank you for the response. Much appreciated!

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