H1B and L2 stamping simultaneously

[freepranav]

I have some more questions about wife's case. I would need your help to get these answers.

My wife has approved H1B petition (never stamped) from ABC company and i am in USA now on L1B. We also have a dependent (my Son).

I want them to travel to USA, so that they can stay with me and my wife would like to work in USA also.

Questions:

I am planning to have both VISA stamped (H1b &L2 for my wife & H4 and L2 for my son)
What VISA we should stamped first H1b & H4 or L2 ?
Does it make sense to stamped both the VISA to avoid any future issues?
Is there any problem we can face during VISA stamping like rejection because of other VISA?
Is the employer ABC have rights to invalidate the H1b petition(after leaving the org) , so that VISA will no longer be valid or transferable ?
Please let me know the answer of above questions so that i can proceed with the formalities.

regards,
PS

[me_shaan]

At a given point in time, you can have only one visa. Change of Status (CoS) and stamping are different things.

[raghvi]

At a given point in time, you can have only one visa. Change of Status (CoS) and stamping are different things.

One can have two different valid visas such as H4 and L2 in the passport, similarly one can also have H1 and L2 in the passport. But it depends upon the consulate, they may or may not cancel a previously stamped visas, normally they dont in case of a H1+L2 or a H4+L2 combination.

It does not matter whether they go for H1+H4 OR L2 visas in passport. Of course, I would not suggest having a mix and match such as wife going for H1 and kid going for L2.

What I would suggest is to go for L2 visas for wife and kid first. Once L2 is stamped, after a few weeks, they can schedule the H1 and H4 visas and go. So worst case even if H1 and H4 is rejected, they would still have a valid visa to travel.

This is my opinion not legal advice.

[freepranav]

One can have two different valid visas such as H4 and L2 in the passport, similarly one can also have H1 and L2 in the passport. But it depends upon the consulate, they may or may not cancel a previously stamped visas, normally they dont in case of a H1+L2 or a H4+L2 combination.

It does not matter whether they go for H1+H4 OR L2 visas in passport. Of course, I would not suggest having a mix and match such as wife going for H1 and kid going for L2.

What I would suggest is to go for L2 visas for wife and kid first. Once L2 is stamped, after a few weeks, they can schedule the H1 and H4 visas and go. So worst case even if H1 and H4 is rejected, they would still have a valid visa to travel.

This is my opinion not legal advice.

Hi Raghavi,

Just to confirm, If my wife will go for L2 VISA only and will not stamp H1B now.
1. Can we file status change from L2 to H1B once she will reach to USA ?
2. Will the H1B petition valid after stamping of L2 VISA ?.

Regards,
PS

[raghvi]

Hi Raghavi,

Just to confirm, If my wife will go for L2 VISA only and will not stamp H1B now.
1. Can we file status change from L2 to H1B once she will reach to USA ?
2. Will the H1B petition valid after stamping of L2 VISA ?.

Regards,
PS

1. Yes.
2. Yes.

This is my opinion not legal advice.

[freepranav]

Hi Raghavi,

Just to confirm, If my wife will go for L2 VISA only and will not stamp H1B now.
1. Can we file status change from L2 to H1B once she will reach to USA ?
2. Will the H1B petition valid after stamping of L2 VISA ?.

Regards,
PS

Thanks for your reply Raghavi, just one more questions.

* If the current employer of my wife will withdraw H1B petition, is it possible to file the COS from L2 to H1B after some time, once she will have the sponsor in US ?

My intention here is that H1B will not get wasted and she would be able work independently on H1B in future.

regards,
PS

[raghvi]

Thanks for your reply Raghavi, just one more questions.

* If the current employer of my wife will withdraw H1B petition, is it possible to file the COS from L2 to H1B after some time, once she will have the sponsor in US ?

My intention here is that H1B will not get wasted and she would be able work independently on H1B in future.

regards,
PS

Yes, another employer can, make sure she keeps a copy of H1 approval notice with her current employer as that proves she is cap counted.

This is my opinion not legal advice.