L2 to H1

[vmkvt]

Hi,

I am on L1 Visa Extension. My spouse is on L2 Visa Extension. He got his EAD and working now. His current employer has applied for his H1 and received the receipt. We are waiting on the approval of H1.

We need to go to India during Oct 07 for an important personal work

Assuming his H1 is approved, I would like to get the clarification for the below mentioned questions?

1) Is it possible for my spouse to get his L2 stamped along with my L1 at India during Oct 07 and come to US on L2 even though his H1 is approved?

2) If so,can he get his H1 stamped after coming 6 months coming to US?

3) When will his status change from L2 to H1? Will it be changed automatically on Oct 1st or his employer should inform INS?

4) Is it legal to have both H1 and L2?

5) If L2 is stamped, will H1 become void? or Vise versa?

it will be really helpful if any of you answer my queries at the earliest

Thank you very much in advance

[Subramanya]

L2 and H1 Visas

I am on L1 Visa Extension. My spouse is on L2 Visa Extension. He got his EAD and working now. His current employer has applied for his H1 and received the receipt. We are waiting on the approval of H1.

We need to go to India during Oct 07 for an important personal work

Assuming his H1 is approved, I would like to get the clarification for the below mentioned questions?

1) Is it possible for my spouse to get his L2 stamped along with my L1 at India during Oct 07 and come to US on L2 even though his H1 is approved?

---- Yes, it is possible

2) If so,can he get his H1 stamped after coming 6 months coming to US?

---- If the person needs to get a H1 stamped then they have to leave the US to another country like Canada/Mexico or to India depending on individual circumstances

3) When will his status change from L2 to H1? Will it be changed automatically on Oct 1st or his employer should inform INS?

---- When he has applied for H1 he has indicated the current status of stay in the US, thereby the H1 will be the valid status from Oct. 1, 2007. Nobody needs to inform the USCIS. Keep in mind it is only H1 status and not a document for legal stay in the US (as this requires a valid I-94)

4) Is it legal to have both H1 and L2?

---- Yes, it is possible to have both but at any given point of time only one Visa status is valid

5) If L2 is stamped, will H1 become void? or Vise versa?

---- Normally NO, but that depends on the VO who is reviewing your application for a Visa. if you are in the US you have to go by the latest I-94

Subramanya

[vmkvt]

Thank you very much for your reply.....

1)Will the consulate know that my spouse has an approved H1? If so will there be any issues in getting his L2 stamped ? I mean, questions like instead of getting his H1 stamped why he is getting his L2 stamped? because he is getting his L2 stamped in Oct 07 by then his visa status will be H1. Correct me if I am wrong..I am confused... pls do bear with me...

2) You have mentioned that it is possible to have both but at any given point of time only one Visa status is valid .

Does it mean that if he enters into the US on L2 during Oct 07, he can't change the status to H1 sometime in Nov 07?

3) If L2 is stamped, will H1 become void? or Vise versa?

---- Normally NO, but that depends on the VO who is reviewing your application for a Visa. if you are in the US you have to go by the latest I-94

I didn't understand this. I mean when he gets his L2 stamped at India in Oct 07, will they cancel his H1 at the time of stamping?

It will be really helpful if you could respond......

[Subramanya]

H1 and L2 issues

1)Will the consulate know that my spouse has an approved H1? If so will there be any issues in getting his L2 stamped ? I mean, questions like instead of getting his H1 stamped why he is getting his L2 stamped? because he is getting his L2 stamped in Oct 07 by then his visa status will be H1. Correct me if I am wrong..I am confused... pls do bear with me...

---- Yes, these questions do arise and there is nothting one can do about it. The best bet is to answer honestly by saying that at this time I do not want to get the H1 stamped due to reasons of of teh employer not finding a client etc. However, this will not go a long way. But, yet you have to try some of these lines

2) You have mentioned that it is possible to have both but at any given point of time only one Visa status is valid .

Does it mean that if he enters into the US on L2 during Oct 07, he can't change the status to H1 sometime in Nov 07?

---- Yes, he cannot change his status once he enters US. the onoly way to change it by travelling overseas and reentering US (but not from Canada and Mexico)

3) If L2 is stamped, will H1 become void? or Vise versa?

---- Normally NO, but that depends on the VO who is reviewing your application for a Visa. if you are in the US you have to go by the latest I-94

I didn't understand this. I mean when he gets his L2 stamped at India in Oct 07, will they cancel his H1 at the time of stamping?

---- If the H1 Visa is still valid they do not cancel it. However, this issue depends on the VO is reviewing your application at the time of the interview

Subramanya

[vmkvt]

Hi,

My hubby is currently on L2 Extension and working on EAD. His current
employer has applied for H1 and My Hubby got his H1 approval. His L2
Extension is valid until end of 2008 and his H1 is approved until mid
of
2010. He has the Approval notice with I-94 for both H1 and L2.

We have to go to India during Oct 2007 for some important personal
work.
1. Can he go to Mexico to get his H1 stamped during the first week of
October though it's his first H1?
Incase if his H1 gets rejected at Mexico, he can go back to India from
there. In this case, is it possible for him to get his L2 stamped and
come back to US as he holds valid L2 petition?

2) Is it true if the person's H1 got rejected at Canada or Mexico, he
can't re-enter the US even after getting valid L2 visa stamping at
India? Correct me if I am wrong?

3) Instead of stamping his H1, can he go to India and get his L2
stamped
and come back to US. Can he change the status to H1 by applying COS as
he has his H1 approval with I-94?
I believe when he goes to India during October he has to give only the
I-94 attached with his L2 petition and not the I-94 attached with his
H1?

I kindly request you to suggest me the best option. Thank you very much
for you time..
Subramanya- please help!!!!

[vmkvt]

Subramanya, Please help...

[Subramanya]

L2 and H1

My hubby is currently on L2 Extension and working on EAD. His current
employer has applied for H1 and My Hubby got his H1 approval. His L2
Extension is valid until end of 2008 and his H1 is approved until mid
of
2010. He has the Approval notice with I-94 for both H1 and L2.

We have to go to India during Oct 2007 for some important personal
work.
1. Can he go to Mexico to get his H1 stamped during the first week of
October though it's his first H1?
Incase if his H1 gets rejected at Mexico, he can go back to India from
there. In this case, is it possible for him to get his L2 stamped and
come back to US as he holds valid L2 petition?

---- If you are anyway going to India, better take a Visa appointment at a US Consulate in India and then seek the Visa and enter US. Going to Canada/Mexico does not give any advantage

2) Is it true if the person's H1 got rejected at Canada or Mexico, he
can't re-enter the US even after getting valid L2 visa stamping at
India? Correct me if I am wrong?

---- If one get a L2 stamping from India, then one can enter the US but on L2. You cannot enter on H1 as that has not been granted

3) Instead of stamping his H1, can he go to India and get his L2
stamped
and come back to US. Can he change the status to H1 by applying COS as
he has his H1 approval with I-94?

---- He can go to India, get the L2 stamp and return to US. But, NO you cannot do a COS to H1 at that time, even if there is a I-94. This is not a good practice since already you left the country with I-94 and USCIS is aware of it as they have records of your departure. COS is done only when you are residing within the country and applying for the COS genuinely

I believe when he goes to India during October he has to give only the
I-94 attached with his L2 petition and not the I-94 attached with his
H1?

---- Giving one or the other does not matter. USCIS records your departure and is not concerned about the serial numbers of your I-94's and to ehich Vis they belong to

Subramanya

[vmkvt]

Thank you very much Subramanya.

My hubby has done in MBA and PGDCA. But he never worked in IT industry before. After coming to US, he was trained in S/W and now he is working in S/W on his EAD for the past 5 months

So we thought it will be too difficult to get his H1 stamping at India as he is not a IT guy with Computer science degree. I came to know getting H1 stamping at Mexico is much easier.

Considering the above situation, I would kindly request you to advice on which is the safest way to get the visa and which visa to go for at this point.

H1 stamping or L2 stamping. Once again, Thank you very very much for your time and extremely sorry to have you bothered...

[Subramanya]

L2 and H1

My hubby has done in MBA and PGDCA. But he never worked in IT industry before. After coming to US, he was trained in S/W and now he is working in S/W on his EAD for the past 5 months

So we thought it will be too difficult to get his H1 stamping at India as he is not a IT guy with Computer science degree. I came to know getting H1 stamping at Mexico is much easier.

Considering the above situation, I would kindly request you to advice on which is the safest way to get the visa and which visa to go for at this point.

H1 stamping or L2 stamping. Once again, Thank you very very much for your time and extremely sorry to have you bothered

---- Theres seem to be two questions here. 1. You want to have H1 and L2
2. You want to go to Mexico for H1 and keep it handy.

Once again if you are going to India, better go to the US Consulate and get a L2 stamped. H1 can wait for a little longer. Going for H1 at Mexico will drive you crazy. It only sounds easy, but other issues might lead to getting it denied

---- If you want H1 visa it has to be done in India. If you can continue on L2 do so for some more time until some experience is gained

[vkm]

H1 stamping in Mexico

Dear Sir,

I am working for company A on L1.
I got my H1 approved through company B. The H1 is valid from 10/2007.

I did not get the change of status from L1 to H1 as I came to the US on L1 after my h1 was approved.

I want to start working for company B on H1.

Can I get my H1 stamped in Mexico.

The consulate on my H1 petition is Chennai.

Can you please let me know if I have to do anything to get my H1 stamped in Mexico apart from booking a stamping date and getting an Mexican Visa.

Thanks
VK

[vkm]

H1 stamping in Mexico

Dear Subramanya.. Please help.