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Which is valid H1 or L2?

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  • Which is valid H1 or L2?

    Hi All,
    Here is my situation: I was on L2 and working for a company. My husband's L1 extension got an RFE in Aug,2011. So, my company filled for H1 and I traveled to India and got my H1 stamped too.
    In Oct, 2011, my husband's company responded to the RFE and requested for withdrawal of my L2 petition. Now, few days back, my husband's RFE got approved and along with my L2!!! We are not sure how and why this happened, even though we have requested to withdraw L2 petition while responding to the L1 RFE.
    Now, that I have received a new I-94 based on my L2 petition, I wanted to know which one of my Visas is a valid one? The H1, which I got stamped or the extended L2?

    Highly appreciate you response.

  • #2
    This is a complicated situation. I assume you have returned to US in H1 status (after obtaining H1 Visa abroad).
    USCIS will process the withdrawal later and revoke the L2 approval. But, that will still create confusion regarding your status and possible future problems as you cannot work without EAD while on L2 and if on H1, you must work all the time.
    I will advise leaving and returning on H1 Visa asap to avoid all confusion. Canada/Mexico will do.
    This is my opinion and not legal advice.

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    • #3
      Thanks for the reply kabkaba.
      When you said, leaving and returning on H1 Visa, Can I just visit Canada and return on H1with new I-94 or do i have to get H1 stamped again in my passport?

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      • #4
        You can use the existing H1 Visa.
        This is my opinion and not legal advice.

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        • #5
          I am planning a visit to Canada and get a new I-94 based on my H1.
          However, I read some where that When you leave the U.S. to visit Canda for a period which is less than 30 days, then the airline is not supposed to take your 1-94 when you depart the U.S. On re-entry you will have the same I-94 which is stapled to your passport. Is this true?
          Is there any other way, I can get a new I-94 based on my existing H1?

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          • #6
            That is correct. But that does not mean that they will not take your I-94. You have to make sure that the I-94 is submitted to the airline when you leave.
            This is my opinion and not legal advice.

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