Immigration Issues/L2 to H1B



I am due to travel to the US with my husband on L2 Visa. I have 3 questions

1. Can I apply for H1 visa during my stay in the US.
2. If yes, do I have to come back to India to get the H1B visa stamped?
3. I am planning to apply for an L2 as soon as I come to the US, which I've heard takes 3 months to process. What would be a better option- applying for L2 or applying directly for H1?

Your help will be greatly appreciated.

Best regards,

1) You can apply for an H-1 visa during your stay in the US. But there are no H visas available for this fiscal year so you can expect to work under H visa only starting Oct'08.
2) You are not required to go back to India and get your H-1B visa. However, if you wish to travel to India after your H approval then you would need to get an H visa to re-enter the US.
3) Due to the wait period for H visa I had mentioned above, it would be a better option for you to work on L-2 EAD (employment authorization card) and then switch to H if you wish to do so.

Ramasamy Krishnan
Attorney at Law

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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