Immigration Issues/H1B TO L2

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Question
Hi,
I have recently got my H1B [from L2] for 6 months. I have to travel to my home country in feb.
1. My H1B Premium Processing is still in ACCEPTANCE status. How can I change back to L2.
2. If I work for 3 months [till feb] can I still go back to L2 status from US itself.My L2 I-94 date was till 2012.
3. If I can change the status to L2 how will my employer recover the premium processing fees?


Answer
If your H1B petition is approved granting you change of status, then you are already in H1B status, so it is not clear what you mean that your H1B premium processing case is pending. In any event, filing fees  can never be recovered.

You can change back to L2 status from H1B within the U.S. if your employer files a petition to change status. Alternatively, you can take your existing L2 approval notice (Form I-797, valid till 2012) and apply for L2 visa stamp at a U.S. Consulate and then enter the U.S., at which point you will be in L2 status.  

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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