sreedhar123 Posted June 9, 2015 Report Posted June 9, 2015 Hi, Me and my wife are currently on L1B & L2 visa respectively. My company had applied for my H1B in 2014 with consular access. I asked my company not to apply for Change of Status in 2014, to enable my wife to work on L2 Visa. Our L1B visa is expiring on Sep 30 2015. The current assumption is we both have to leave the country before sep 30 and enter the country with H1b status. We have applied for my wife's H1b this year, but looks like it didn't get selected. Currently my wife is pregnent, and the expected delivery date is in Aug 1st week. Can she stay in US on L2 Visa, while i go to india and get my passport stamped with H1B visa. Later once i come back can i apply for Change of Status for her from L2 to H4? I am exploring all the options to avoid her travel at this time.
JoeF Posted June 9, 2015 Report Posted June 9, 2015 No, she can't stay. She could stay if you were going on a short vacation and coming back on L1. But with your intent to change to H1, her L2 would become invalid.
jairichi Posted June 9, 2015 Report Posted June 9, 2015 A week or two is fine. If you go in August for H1B stamping then you can enter US with a H1B visa not more that 10 days before H1B start date. I believe you are aware of that. Based on that you can file a COS to H4 for your spouse.
sreedhar123 Posted June 10, 2015 Author Report Posted June 10, 2015 Jairichi your response sounds interesting. Can some one comfirm his reply. I am planning to come back with in 5 days, after leaving the country. Once i come back can i apply for COS for her?
jairichi Posted June 10, 2015 Report Posted June 10, 2015 Jairichi your response sounds interesting. Can some one comfirm his reply. I am planning to come back with in 5 days, after leaving the country. Once i come back can i apply for COS for her? It is a grey area. Run it through an immigration attorney.
JoeF Posted June 10, 2015 Report Posted June 10, 2015 Jairichi your response sounds interesting. Can some one comfirm his reply. I am planning to come back with in 5 days, after leaving the country. Once i come back can i apply for COS for her? Since you go for stamping in a different visa category, her L2 would become invalid when you travel abroad, and she can't file a COS. You don't file anything for her, anyway.
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