Legal Question in Immigration Law in New Jersey
L2-h1-l2
Hi, I came to US on a L2 visa in 2006. I applied for a H1and my petition was approved in 10/2008. I've a new I-94 now(based on H1). I'm planning to visit India and want to know if I could come back on my L2 instead of H1? Does change of status mean that my L2 is no longer valid? Do I have to re-apply for an L2 if I want to come back on L2 status? Does my H1 becomes invalid in this case?
Would appreciate quick response as am leaving for India Feb end.
Regards,
Deepti
2 Answers from Attorneys
Re: L2-h1-l2
If you still have a valid L-2 visa in your passport, you may return with the L-2 visa. In such event, you would not be permitted to work pursuant to an H-1B classification.
As you may know, as an L-2, you would be eligible for blanket work authorization by filing the appropriate application with USCIS once you return with your L-2 visa.
In any event, I would recommend a phone or in-person consultation to discuss this matter in some detail.
The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.
Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.
Anthony F. Siliato, Esq.
MEYNER AND LANDIS LLP
One Gateway Center
Newark, New Jersey 07102
www.meyner.com
Re: L2-h1-l2
If you changed your status to H-1b and re-entered the U.S. on an H-1b visa, you are no longer on L-2 status. If you are still eligible to change status to L-2 you may do so now and then obtain a new L-2 visa before your next re-entry as long as you are admissible.
It is advisable you speak with an immigration attorney before filing any documetnation with USCIS.
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