Legal Question in Immigration Law in Virginia

L2 to H1b

I am presently on L2.

I came to US about 2 weeks back and do have a approved H1b petition 2008.

My question is

a) Can I work from 1st Oct 2008 without H1b stamping as I already have approved petition.

b) Can I go for H1b stamping to Mexico now as it's only 2 weeks that I came to US.

Is there anyother way for change of Status.

Thanks in advance.


Asked on 9/02/08, 5:59 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: L2 to H1b

No, you cannot work without a valid EAD even though you claim your H1B petition has been approved. And, yes, you should be able to go to Mexico (or Canada))for H1B visa stamping if you have never been out of status and can prove it by way of a valid I-797, EAD card, valid I-94, paystubs. etc.

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Answered on 9/02/08, 10:35 pm


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