Hi, I am here in L2 Visa and its getting expired by Sep 2013.

Asked over 1 year ago - Union City, CA

Can my employer apply H1 B visa after my L2 visa expires i.e. next year. For H1b visa, is it mandatory to have an active visa when we are applying for it? I want to know whether i will be eligible for H1 B even though my L2 visa would have expired by this year Sep 2013.

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . There will be no H-1B visas left by September. Your employer must file as early as possible.

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Questions like these are best address to the company's attorney as H-1B is a company petition.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. Shah Iqbal Nawaaz Peerally

    Contributor Level 19

    1

    Lawyer agrees

    Answered . By visa do you mean status? If you want to change status you have to maintain the L2 status until the H1B kicks in - if new H1B then October 1. However, if it is just a matter of a stamp on the passport, as long as you don't travel you should be fine. Talk to a lawyer before you leave the country.
    http://peerallylaw.com

    Shah Peerally, Attorney at Law http://peerallylaw.com Phone (510) 742 587 President of Shah Peerally Law Group... more

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