Tricky Question: H4 or L1, which VISA to use?

[coria]

Hi, here is a tricky question: my wife is holding a L1(blanket) visa(valid till Dec/2012), but she is currently out of U.S, I am holding H1B so she can also travel to U.S with H4, question is - if she arrive U.S at the Point of Entry with both the two Visa, which one she can use to enter U.S?

I believe she can use only one of them, but can she use any one of them as both of them are "valid"?

The reason I am asking this is because she actually wanted to travel back to U.S with her L1, but not sure if the L1 is still valid as her L1 extension was denied by USCIS on Dec/2011. So is that possible that she can ask the officer at the point of entry - if it is still valid, she can use L1; if not valid, she can use H4?

Kindly please help, thanks.

[my2239]

To enter USA, you need a valid unexpired visa as well as a supporting approved petition

The fact that her L1 extension was denied may mean significant risk in using it

You have to first determine why the extension was not approved to gauge how much risk she has in entering USA

Regarding H4, I am not sure if you already have a visa stamped

Generally, when H4 visas are stamped, the consulate has aright to stamp CWOP (Cancelled without prejudice) on the L1 stamp

Even if they did not do this, it simply does not mean you can take advantage of both visa statuses

Also the strategy to ask the Port of entry officer which visa to use among H4, L1 seems extremely risky at the best

Hope you make a conscious and safe decision keeping in mind your family situation rather than the intent to work

All the best

[pontevecchio]

L1 blanket is the key. Have her talk to her employer.