L2 to H1B transfer visiting India

Posted Sun, 03/27/2011 - 08:58 by akashsaluja

Hi,
I am in US on L2 Visa and valid EAD expiring in Aug 2012. My employer has filed a new H1B visa request which has been approved with effective from June 1 2011.

I have to visit India in month of May 2011 and will return in May month itself.
Can I come to USA on my L2 Visa in month of May? Will my H1 be effective from June 1 2011 automatically? OR will I face any issues at the time of entry in May 2011 month?

Thanks,
Akash

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Comments

Phil's picture

I'll give you some input on

by Phil - 03/27/2011 - 20:54

I'll give you some input on this but you really should discuss this matter with your employer and the attorney who is handling the H1B case. These things can be tricky depending on the situation and its not worth taking a chance on.

On to your question, as long as your L1 visa is valid on the date you return to the United States you should have no trouble returning using your L1 visa to enter the country.

Depending on what the attorney who handled the H1B case did, it might make sense for you to make an appointment at the U.S. embassy while you are in India and apply for your H1B visa. If you plan to travel outside of the U.S. after you are in H1B status you will need the physical H1B visa to return to the U.S.

I don't know enough about your case to give you an answer on this that you should rely on so please be discuss this with your employer and the attorney who handled the H1B case.

If they did not have an attorney handle the H1B case and you would like me to review the situation and give you a formal opinion on this matter please feel free to email me and we can discuss a fee for a formal consultation. Best of luck.

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