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L2 To H1b

Discussion in 'AC 21 H-1B Issues' started by DNarang, Sep 22, 2015.

  1. DNarang

    DNarang New Member

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    I am currently employed and my current work authorization is EAD on L2 dependent visa.

    My husband, who is the primary visa (L1) holder, is considering a job change and moving to H1B visa hence I will also have to move to H1B visa since my L2 visa would not remain valid once he moves out of L1 visa.

    My H1B visa was filed earlier this year by another employer, which was approved and I have details for the same. Based on that approval, can my current employer file my change of status to H1B? Would the current employer require any documents from the employer who filed my H1B (other than approved petition) for filing the change of status?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes they can. They will need to know the file number of the earlier approved petition.
     
  3. DNarang

    DNarang New Member

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    Thank you for the information sir.
    I have couple of more queries-
    1) would my current employer need pays tubs from the employer who filed my H1 for filing COS?
    2) If I don't use my H1B (retain my L2 status by getting a new I-94 in first week of October) can my current employer file my H1B next year?
    3) If 2) is yes then can my H1b be filed under cap exempt since I have been counted against the cap once this year?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I really can't get into highly specific situations.
     

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