Q: I am currently working on L2 EAD. Applied for H1. Does L2 Visa gets cancelled once H1 takes in effect on Oct 1, 2016?
What happens if in November due to some reason I think of going back to L2. Do I need to file COS (from H1B to L2) within United States?
If Yes, Can I travel out of country during COS?
If do not file COS, Can I just go out of the country and return on the same L2? Ans start working on the same L2 EAD?
A:
If your H1 is approved, yes your L2 becomes invalid after the start date mentioned in the H1.
If you would like to go back L2 you would need to file COS and a new I-765 for an EAD card.
No recommended to travel overseas while COS is pending, it defeats the purpose of COS and ultimately makes it invalid.
You could only have one non immigrant visa at a time, if your H1 is approved your L2 does not exist anymore until you re-apply. So after getting your H1 approved if you would want to switch back to L2 you have to go through COS or go back to your country and get a new L2 and EAD.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.
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