View Full Version : Need clarification regarding H1B Visa

01-06-2014, 01:58 PM
Hey everyone,

I'm from India and I'm working with company A. I have applied for H1B Visa through this company and I have got the petition approved. I have just the photocopy of the approved petition but not the original. I have the following questions:

1. I'm getting married next month and my fiance holds an L1 visa. If I travel as his dependent, can I activate my H1B and work on that visa in case any company is willing to sponsor my H1B ? Is it mandatory to have the original copy of my petition?

2. Suppose I travel to US through the company A, can I resign from that company but still continue my stay in U.S ? For how long can I remain unemployed holding the H1 petition?

Request you to clarify my queries as soon as possible as I have important decisions to make in my career.


01-06-2014, 02:47 PM
1. If you travel to USA as a L2 dependent visa you will be eligible for applying for an EAD, giving you eligibility to work in US as long as the underlying L1 petition is valid. Not sure why you want to activate the H1B petition from company A. You don't need original petition for applying for a H1B transfer, but you would need a current pay stub from company A.

2. In this case, you have to move to a different legal status the moment you resign from company A(they hold your H1B petition). Technically you CAN'T remain unemployed on a H1B petition.

PS: It's a very tricky area of the law and I would advise you to consult a immigration attorney before making far reaching decisions.