H1B-2014 and L1-A: which visa to get stamped when visit India


hozae

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Posted

Myself and my wife are in the USA. She is on L1-B visa, which got over in Dec-2012, but she has valid i-94 to stay till 2014. We both are planning to visit India by end of this year(mostly after Oct, 2013). She is working with an Indian IT company here. 
Few months back her company decided to send her back to India. Fearing that, we filed for a h1b visa for her(through a desi consultant) in the 2014 cap (if approved, she can work from oct, 2013). But then later, her company decided to keep her in USA and has agreed to file for a L1-A visa this time. 

I am given to understand that L1A visa cant be filed from USA, so she has to go the embassy, do an interview and get it stamped. 

Now, my confusion is: 
1) which visa stamping should I get done for my wife once I visit India - L1-A or H1b (if approved)? 

We would be going to the Mumbai embassy. 
please help. thank you!

Posted

I am given to understand that L1A visa cant be filed from USA, so she has to go the embassy, do an interview and get it stamped. 

 

Visas can generally only be issued by U.S. consulates, which are located outside the U.S. However, a company can apply for a change of status to L1A without requiring the foreign national to leave the U.S.

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