L2 Visa while having H1B Stamped

[man_prime]

I hold valid H1B visa (stamped) but haven't travelled yet.

My wife is in US on L1-B and I am planning to be at her location for (5-6 weeks) before I start my employment on H1B in May-June timeframe.

Can I apply for L2?
Will it affect either way on my H1B?

[shervin143]

Yes, you can apply for L2. Your H1B visa will most probably get cancelled when when you apply for L2. When you are in U.S in L2, you can either apply for an EAD and start working once you get the EAD or file a COS from L2 to H1B with any employer using the CAP from the existing H!B approval notice and when that gets approved, you can start working for the H1B sponsor. You cannot work until yo get the EAD and H1B COS approval if you enter in L2.

[man_prime]

:-(

Will B1/B2 help in this situation?

[shervin143]

No. It will be the same result. What are your trying to achieve? What exactly are you plannijng to do by entering U.S in L2 or B2?

:-(

Will B1/B2 help in this situation?

[man_prime]

Hi Sherwin,
I just want to take 2-3 months break and stay with my wife @ NYC. Once on H1, that won't be possible.

Thanks....

[shervin143]

Okay, then what is your problem in entering U.S in L2? Get the L2 visa stamped and enter U.S as a dependent. When you are ready to work, any employer can file a new H1B petition using the CAP from your old H1B petition (provide the employer a copy of the H1B approval notice) as a COS from L2 to H1B and when the H1B petition gets approved with a new I-94 you can start working for the employer.

Hi Sherwin,
I just want to take 2-3 months break and stay with my wife @ NYC. Once on H1, that won't be possible.

Thanks....