L2/ H1 B Urgent help!!!

[Maulish]

Hi,

I was having H1B visa which expired in sep 2011. I never used it. Now my wife's company is filing L1 for her.

1. Can I be eligible for L2?
2. What problems can raise regarding my expired H1b as now I am applying for L2?
3. Can I apply for H1B while I am on L2 EAD?
4. What is the exact difference between COS and Consular Processing?
5. If we both are having proper status of L1 and L2 visa , H1B application will go for COS or Consular Processing?
6. Is it possible to get IT Job while on L2 EAD status?

Please help...

[rvisak]

Hi,

I was having H1B visa which expired in sep 2011. I never used it. Now my wife's company is filing L1 for her.

1. Can I be eligible for L2?
Yes
2. What problems can raise regarding my expired H1b as now I am applying for L2?
None at all, if asked in the interview simply say you never traveled as there was no need
3. Can I apply for H1B while I am on L2 EAD?
Yes
4. What is the exact difference between COS and Consular Processing?
COS means you get a new I-94 and you can continue to work without getting the visa stamped. COS is possible only if the petition is filed in US. Consular r processing means that your petition is approved but in order to legally live in US you need to travel out; get the visa stamped and then enter back
5. If we both are having proper status of L1 and L2 visa , H1B application will go for COS or Consular Processing?
Depends on : (a) whether you in US or outside at the time of filing (b) how does the attorney request (c) how does USCIS approve it
6. Is it possible to get IT Job while on L2 EAD status?
Yes
Please help...

See above

[Maulish]

Thanks a lot

See above

Hi,

Thanks very much for such precise answer.
I have one more question regarding my H1B.
As I have never used my H1B , can i apply for H1B without CAP?

[rvisak]

Hi,

Thanks very much for such precise answer.
I have one more question regarding my H1B.
As I have never used my H1B , can i apply for H1B without CAP?

Yes

[Maulish]

Questions regarding H1B

Yes

1. Do i need to file a new H1B petition?
2. Does it have to be from the same employer who has filed my H1B before or any other employer will do?
3. Will it be the New Application or H1b renewal or H1B transfer?
4. It has been around 1 year now my H1B got expired, so how H1B filling will work?
5. What complications can araise while getting H1B again cause of previous H1B status?

I know I am posting many question , but i have to take decision whether to go for H1B or L2 in short time.
So please help....

[shervin143]

1. Do i need to file a new H1B petition?
>>> Yes. New h1B petition filed using the CAP from your previous h1B approval notice.

2. Does it have to be from the same employer who has filed my H1B before or any other employer will do?
>>> Any U.S employer who has a job for you can file the petition.

3. Will it be the New Application or H1b renewal or H1B transfer?
>>> New H1B petition filed under the H1B CAP from your previous H1B approval notice. No need to go through CAP again.

4. It has been around 1 year now my H1B got expired, so how H1B filling will work?
>>> Read the above answer. Your previous petition expiry has nothing to do with filing the new petition. The CAP from that petition will be valid for 6 years.

5. What complications can araise while getting H1B again cause of previous H1B status?
>>> No complications.