Spouse Visa Confusion L2 or H1 !!

[uj123]

Hi All,

We have a peculiar situation and I am damn confused about the same.

The issue is my wife is working with X company which has filed her H1B petition some 5-6 months back(approval has not come yet). In the meantime my company (different from her's) has asked me to move to US on L1B.

The confusion is if I now apply for my wife's L2 along with my L1 would her H1B petition would still be valid or it would become invalid and a fresh petition with change of status would have to filed?

Is it possible that she travels with me to US on L2 now and as and when her H1B approval comes she can come back to India to get the same stamped?

Thanks alot in advance for your expert advice.

[kabkaba]

H1 petition filed by her employer and L2 Visa application made by her are completely unrelated.
After traveling to US with L2 Visa, she can apply for EAD and after EAD approval she can work using that. Alternatively, she can change status to H1 using approved H1 petition or travel and return with H1 Visa to work for the H1 employer.

[uj123]

Thanks Kabkaba for your reply.

Does this mean that COS can be applied on the same petition which was filed some 5-6 months ago & no new petition need to be filed? we will have to ask her employer to apply for change of status right?
Also, if we mention that a H1 petition has already been filed during l1/l2 interview. Can this adversely affect the chances of L1/L2.

Thanks again for you advice in advance.

[kabkaba]

H1 petition will not affect L1/L2 application. They are completely unrelated.

Same H1 employer can file an amendment to change status to H1. Another H1 employer can file a new cap-exempt petition.