dh010447

Hey Guys,

Just wondered what the process was... Anyone been through this?

I'm assuming that a new I-94 would be sent by USCIS with an expiration date of 3 years time.

L2 visa would still be valid (as would EAD) but with the change of status the EAD could no longer be used and the visa could not be used to due to no longer being in L2 status.

As soon as beneficiary leaves the US, they will have to go for the interview at a US consulate to get the actual visa - otherwise they wont be able to re-enter the US in H-1B status.

Sound about right?

Thanks!

emartin

Yes, assuming that the petition did request a change of status and a 3-year period.

The VISA stamp on your passport would be valid but you would no longer hold L-2 STATUS and therefore could not use an L-2 based EAD.

True, unless you are visiting Canada or Mexico for less than 30 days. In that case you can return with an L-2 visa, show the H-1B approval with I-94, and be admitted in H-1B status.

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dh010447

Thanks emartin

Just out of interest, once status has been changed to H-1B, is it possible to re-enter the country in L2 status and then change back to H-1B at a later date (by either re-entering the country in H-1B status or filing a change of status)?

Employer would be the same either way.