L2 during H1B

[shan_123]

All,

I am thinking to apply for H1B next year april-2013...and there are chances that my wife will get L1B processed through her company during end of 2013..

So i have around 6-7 month for my H1B to get it processed...

I wanted to know due to some reason if my H1B request is either denied or kept in pending., am I eligible to apply for L2 and travel to USA..?

please clarify.

shan

[raghvi]

All,

I am thinking to apply for H1B next year april-2013...and there are chances that my wife will get L1B processed through her company during end of 2013..

So i have around 6-7 month for my H1B to get it processed...

I wanted to know due to some reason if my H1B request is either denied or kept in pending., am I eligible to apply for L2 and travel to USA..?

please clarify.

shan

Considering the recent trends an L1B has higher chances of getting denied /delayed/pending. But to answer your questions, yes if your H1 is denied you can process L2 and travel and work in US on L2+EAD. If it is delayed and the passport is still with the consulate you can request the consulate to return your passport withdraw the H1 petition and file L2.

This is my opinion not legal advice.