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Currently on L2, Transfer to H1 and Change Employer

Milwaukee, WI |

I am on L2 visa working for company A. I have an approved H1-B petition from company A.
I might get job from company B. I want to join company B on H1-B and not L2. Can Company B transfer approved H1 from company A even if my current status is L2 and that H1 has never been used.
If it is not possible, can i travel back to India to get H1 stamped for Company A, come to US, resign from company A and then transfer my H1 to company B. Is there any specific timeframe for which one has to be on H1 status with company A before it can be transferred to some other company.
Once I move to company B on H1, Is there a time frame for which I have to work with company B before I can go to India and get the H1 stamping done for company B and come back to US.

Many Thanks. Appreciate your responses.

H1 was filed as consular process and I haven't gone for stamping since H1 was approved. So I am still on L2

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Attorney answers 2


Although the city name has changed, this is nearly identical to a prior WI question.

Talk to the new company's lawyer ... there's something confusing going on ... how can you be on L if the H was approved?

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


Repost. Please have a personal consult with an immigration attorney now.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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