Spose got admitted as L2 instead of H4 Visa


sunshineeast

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Hi Team,

 

Need a help from you.

 

I'm was on L1 and my H1 got approved with COS six months before. I'm running now on h1 payroll. I haven't travelled outside the country after this COS.  My I797 petition showing I94 as H1.

 

My wife went out of USA as L2 (while I was on L1) and she got her new stamping as H4 and came back to US. Visa Consulate officer haven't cancelled her L1 and it got valid till Mar 2014 same like my L1.

 

At the port of entry the officer admitted and stamped her passport as L2 instead of H4 and we didn't noticed it. Now I'm planning to change my H1 employer and realised her passport and I94 online showing as L2 instead of H4. Even my I94 showing as L2 instead of H1 when I generate it online.

 

We went back to CBP office in the airport she landed (2 months later) and they first argued as I don't have H1 Visa stamping on my passport so they allowed her as L2.  I replied that I haven't gone of country and I did my change of status and got my I94 pointing to the H1 employer(i797). Now they asked her to get this corrected with USCIS using infopass. Next appointment is on Jan 2nd and she is yet to go.

 

 

My question is,

  1. Is this a mistake happend at port of entry or it suppose to allow her only on L2. (I'm wondering why would she need a H4 stamping then)
  2. My L1 should get cancelled as soon as my H1 get approved. How then the officer allowed her as L2 without checking the L1 status.
  3. I beleive the officer when scrolling her passport and saw her L2 visa page first and just allowed her as L2. They didn't asked her any questions. Is she still considered to be L2 status though she got H4 visa on her passport?
  4. I have initiated transfer of my h1 to another employer and they will be applying H4 for her as well. Is this process going get affected because of this confusion ?   ( I told this L2 issue with them but they haven't replied back)

 

 

I'm really confused now. Can someone help on this ? 

 

Thanks,

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Hi Team,

 

Need a help from you.

 

I'm was on L1 and my H1 got approved with COS six months before. I'm running now on h1 payroll. I haven't travelled outside the country after this COS.  My I797 petition showing I94 as H1.

 

My wife went out of USA as L2 (while I was on L1) and she got her new stamping as H4 and came back to US. Visa Consulate officer haven't cancelled her L1 and it got valid till Mar 2014 same like my L1.

 

At the port of entry the officer admitted and stamped her passport as L2 instead of H4 and we didn't noticed it. Now I'm planning to change my H1 employer and realised her passport and I94 online showing as L2 instead of H4. Even my I94 showing as L2 instead of H1 when I generate it online.

 

We went back to CBP office in the airport she landed (2 months later) and they first argued as I don't have H1 Visa stamping on my passport so they allowed her as L2.  I replied that I haven't gone of country and I did my change of status and got my I94 pointing to the H1 employer(i797). Now they asked her to get this corrected with USCIS using infopass. Next appointment is on Jan 2nd and she is yet to go.

 

 

My question is,

  1. Is this a mistake happend at port of entry or it suppose to allow her only on L2. (I'm wondering why would she need a H4 stamping then)
  2. My L1 should get cancelled as soon as my H1 get approved. How then the officer allowed her as L2 without checking the L1 status.
  3. I beleive the officer when scrolling her passport and saw her L2 visa page first and just allowed her as L2. They didn't asked her any questions. Is she still considered to be L2 status though she got H4 visa on her passport?
  4. I have initiated transfer of my h1 to another employer and they will be applying H4 for her as well. Is this process going get affected because of this confusion ?   ( I told this L2 issue with them but they haven't replied back)

 

 

I'm really confused now. Can someone help on this ? 

 

Thanks,

It is a mistake from CBP.

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