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Can a person hold h1B and L2 Visa together ?

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  • Can a person hold h1B and L2 Visa together ?

    Can a person hold h1B and L2 Visa together ?

    Case in detail: I'm currently in US with L1 visa and my wife is in India and she will be getting H1B from her employer soon. But she can't travel with her H1B visa as there is no immediate requirement.

    Can she apply for L2 visa( L1 dependent) and come to US for some time ? Is there any chance if her H1 B will be cancelled while applying L2.

    Appreciate your help.

  • #2
    She can do that.
    It is possible that the H1 Visa in her passport may get canceled when she gets L2 Visa, it is at the Visa officer's discretion. But that will not cancel the underlying petition. She can change status or obtain H1 Visa using the same petition again, if her employer wants her to work in the US.
    If she leaves the job to come to US, her employer can revoke the H1 petition as well. In that case she will not be able to work for that employer.
    Irrespective of the above, once H1 petition is approved for her, another employer can file a cap-exempt petition for her at any time in the future with immediate start date (even if annual cap is closed). This is true until she spends 6 years in the US in H1 status. (L2 status will not count towards 6 years). In order to claim cap exemption, she will need a copy of petition receipt notice or approval notice or at least the receipt number.
    This is my opinion and not legal advice.

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    • #3
      what if she applies L2 first and then H1 ? will they reject H1 ?

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      • #4
        Her employer's H1 petition will not be affected by having or not having other Visas.
        At the time of H1 Visa application at the consulate (after petition approval), it is possible that L2 Visa will be canceled.
        This is my opinion and not legal advice.

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        • #5
          Can a person hold h1B and L2 Visa together ?

          My wife is currently on L2 visa status. If her employer files H1B application, would she able to travel in/out of USA on L2 stamped visa? Os she needs to get H1B stamped when reentering in US?

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          • #6
            If she wants to return in H1 status, she will need H1 Visa in her passport. If she wants to return in L2 status she will need L2 Visa in her passport.
            This is my opinion and not legal advice.

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