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Can we apply for L2 and H1B in parallel

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  • Can we apply for L2 and H1B in parallel

    Hi,

    I'm planning to initiate an L2 visa for my spouse.

    During this same time, my spouse is also looking at getting her H1B through her company. She had an H1B earlier & a valid visa. She hasn't traveled though. The visa has expired. From what we've read online, her application now will NOT fall under the lottery system, but the petition would have to be filed again followed by attending the visa interview.

    I have few questions:

    a) Can we initiate the processing for both - L2 and H1B in parallel? We're expecting the L2 interview to happen before the H1B interview. If yes, should we do anything different / special?

    b) In-case we want to proceed with premium processing for H1B, can we pay the fees? Or should it be paid by the employer only? If we can pay, does it make sense to push for premium H1B rather than L2? (I'm assuming the normal H1B will take several months)

    Thanks

  • #2
    a. You can get both of them processed at the same time. However, practically, you would go for visa stamping only for one of them.
    b. Either party can pay for the premium processing.

    Whether to go for H1B or L2 visa route is entirely up to you.
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Originally posted by immihelp View Post
      a. You can get both of them processed at the same time. However, practically, you would go for visa stamping only for one of them.
      b. Either party can pay for the premium processing.

      Whether to go for H1B or L2 visa route is entirely up to you.
      Thanks ImmiHelp !

      On the first question, any reason why you think we might need to / will go for only one stamping? I was thinking that since L2 Visa Interview will happen earlier and H1B later, we will need to go for both. Or is there a provision to get the L2, travel on L2 and then once the H1B petition goes through, convert it to an H1B? (I read online that Change of Status is possible. But, it's not very clear. Few places they have mentioned about the Change of Status not being applicable for first timers - H1B). If Change of Status is possible, how much time does it typically take?

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