Filing H4 from India while H1b in processing and travel to US on H4


gkbandi

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Hi,

 

My wife has worked on US on L1b till 7th June 2013. Her L1b extension got rejected on 7th June 2013 then travelled back to India on 14th June 2013. While, she has applied for H1b Visa on April 2013 got picked in Lottery and its in initial review. How does the below scenarios lead her case to comeback to US. 

1. if she applies for H4 from India, lets assume it gets approved while H1b application in pending and travel to US before H1b gets approved. What is her status in US when H1b gets approved before and after Oct 1st.

 

2. If her H4 and H1 both gets approved while she is in India, Can she travel on H4 to US then file COS to H1 on or later Oct 1st.

 

Note - we have a kid who is American Citizen. Does that impact her Embassy interview in any manner.

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