L-1B to H-1B change of status - implication for H4 visa stamping before H1 stamping

[murthy0007]

Hi,

Late last year I changed my status from L-1B to H-1B in US. At the same time my wife had her status changed from L2 to H4. Since then we remained within the United States. Now my wife travelled to home country (India) and need to get her visa (H4) stamping done. My question is can she go for her visa stamping before me? My passport still has an expired L-1B visa and a valid I-94 document. Please clarify.

Thanks!

[Attorney_22]

Generally, your wife is eligible to obtain an H4 visa when you are in valid H1B status even if you as the H1B holder have not received your H1B visa. If you have additional questions it is advisable to speak directly with a qualified U.S. immigration attorney.

[murthy0007]

Thanks for the quick response!

[Chitown01]

Yes, she can.