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Can I work with my H1 (its stamped a year ago) while i have traveled to US on L2 which got stamped recently?

Scottsdale, AZ |

I had my H1 VISA stamped last year which will expire in 3 months. Meanwhile since my H1 Sponsor did not have opportunities for me at my spouse's location, I traveled back and got L2 stamped. I have now come back to US to join my spouse and am on L2. Thus I have two VISA s stamped on my passport (as per my I94 i have traveled to US on L2). Now I got an employment opportunity which is urgent and before taking a decision I would like to get the below items clarified.
1. Since my L2 EAD processing will take time, can i transfer my current H1 to this employer and start working?
2. In this case, should i apply for change of status from L2 to H1?
3. If I go for a change of status now, how long will take to get processed?
4. Can i change back to L2 in future? any restrictions?

Attorney Answers 1


It is possible to file a change of employer petition for the H-1B. If you use premium processing, you can get a decision in 15 days. The issue is whether you will make yourself ineligible for the L-2 EAD if you change status. If you do decide to change, you will be able to change back to L-2 as long as your spouse maintains their L-1. You should consult with an attorney who can review your documents and the law to make a specific determination of the risks associated with this strategy before you decide to file.

This answer is intended to provide general information and should not to be construed as legal advice pertaining to a particular situation or relied upon as such. You should have your specific situation reviewed by an attorney.

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