H1B Approved but Plan to Travel on L2B

[mspkumar]

Can a person hold h1B and L2 Visa together ?

Case in detail: I'm currently in US with L1 visa and my wife is in India and she will be getting H1B from her employer soon. But she can't travel with her H1B visa as there is no immediate requirement.

Can she apply for L2 visa( L1 dependent) and come to US later she can change of her status to H1B? Is there any chance if her H1B will be cancelled while applying L2.

Appreciate your help.

 

[newacct]

Even if her H1b visa is cancelled, that would not affect the ability for her employer to petition her for Change of Status to H1b status inside the US. Visas are only for entry.

 

[whitemimauz3]

I believe your wife's employer is advising to hold off from visiting US consulate for H-1B visa stamping because of poor job market. In that case your wife can get L2 visa stamp enter into US and if H-1B job becomes available from her employer at any future date, they can file H-1B not subject to H-1B pool OR your wife can step out of US get new H-1B visa stamp on previously approved H-1B and re-enter.