rajenurs Posted September 18, 2012 Report Share Posted September 18, 2012 Hello All , My L1B visa and I-94 is going to expire on November 2012. I applied for H1B visa (L1B to H1B through the same employer) the current status of H1B is "Initial Review". As my wife was in India when I applied for my L1B to H1B conversion I did not apply H4 visa for my wife (L2 to H4). Now my Family is back and they are in US now. We are planing for a India trip in December 2012, I know if our visas (H1 and H4) are approved we have get it stamped before entering in US. I have a some concerns/questions ==> Does my wife's visa conversion need to be approved before we leave US ? ==> If we leave US before her Visa conversion is approved, whether it will have an impact on the approval ? ==> If we leave US before her Visa conversion is approved (Mine approved) whether we (Both of us) will be able to get our visas (H1 & H4) stamped in India ? ==> If I did not apply for her H4 conversion, and my H1B is approved, whether she will become illegal and have to leave US. In that case how long she can stay once my H1B is approved. Can some please help me ... I am in fully confused state ... Regards Link to comment
pontevecchio Posted September 18, 2012 Report Share Posted September 18, 2012 1. NO. H4 is merely a status based on your lawful H1 status. 2. NA 3. NA 4. NA. Sorry the website is not windows 8 compatible and hence everything in one line. File her COS from L2 to H4 based on your pending H1 petition. After travel come back with appropriate visas..H1..H4 etc> Link to comment
rajenurs Posted September 19, 2012 Author Report Share Posted September 19, 2012 Thanks for your response pontevecchio, My H1 got approved just today. My employer may take 2 to 3 weeks to submit her COS. is that OK ? Link to comment
pontevecchio Posted September 19, 2012 Report Share Posted September 19, 2012 As long as you get the receipt of the H4 COS before the I94 expires there should be no problem. You can even file it yourself tomorrow if you are so inclined. If the trip is going to be before the current L2 I94 she can even get a H4 visa directly during the visit. Link to comment
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