Travel to India while L1 to H1 COS in progress

[as05]

Myself and my family is currently in US. I am on L1B with Company A. Company B is going to apply L1B to H1B COS (premium processing) for me starting on April 1st 2013. My family want to travel to India in June. Therefore i asked Company B to hold their H4 processing. My question is that:
Question : Is this fine if my family travel to India and come back to US on L2 when my L1B to H1B COS is expected to get approved by the time they return. Can there be any issue. Please suggest.

[raghvi]

Myself and my family is currently in US. I am on L1B with Company A. Company B is going to apply L1B to H1B COS (premium processing) for me starting on April 1st 2013. My family want to travel to India in June. Therefore i asked Company B to hold their H4 processing. My question is that:
Question : Is this fine if my family travel to India and come back to US on L2 when my L1B to H1B COS is expected to get approved by the time they return. Can there be any issue. Please suggest.

Are you traveling too? Till when is your I-94 expiring? When is your L1B and dependents L2 expiring?

[as05]

Are you traveling too? Till when is your I-94 expiring? When is your L1B and dependents L2 expiring?

Hi Raghvi,

Thanks for Replying.
I am not going along with them. And my L1 B and my family's L2 is valid till March 2014.

Thanks.

[raghvi]

In that case you need not worry. Your Company B associated H1 will be active only from 01-Oct-2013 or later. Advisable not to apply for dependents L2 to H4 before they return from India trip. As your dependents L2 visa is valid, they can return on L2 in June 2013, and later with your approved L1 to H1 COS you can apply for your dependents L2 to H4 COS before your H1 start date.

This is my opinion not legal advice.

[as05]

In that case you need not worry. Your Company B associated H1 will be active only from 01-Oct-2013 or later. Advisable not to apply for dependents L2 to H4 before they return from India trip. As your dependents L2 visa is valid, they can return on L2 in June 2013, and later with your approved L1 to H1 COS you can apply for your dependents L2 to H4 COS before your H1 start date.

This is my opinion not legal advice.

Thanks Raghvi.

[erpraveen_ec]

In that case you need not worry. Your Company B associated H1 will be active only from 01-Oct-2013 or later. Advisable not to apply for dependents L2 to H4 before they return from India trip. As your dependents L2 visa is valid, they can return on L2 in June 2013, and later with your approved L1 to H1 COS you can apply for your dependents L2 to H4 COS before your H1 start date.

This is my opinion not legal advice.

Hi Raghvi,

Thanks for clarifying most part of my issue already....!!!

I have exactly similar scenario with only difference that my L1 is expired but have I94 till March 2014 and Dependent has valid L2 VISA till March 2014, and my employer is applying L1 to H1 COS in April 2013. Now if my Spouse travel to India and want to come back in June 2013, will there be any risk at port of entry if my COS gets approved before she travel back?

Will approved H1 I94 always be effective from 1st Oct and i can maintain L1 status until 1st oct?

[raghvi]

Hi Raghvi,

Thanks for clarifying most part of my issue already....!!!

I have exactly similar scenario with only difference that my L1 is expired but have I94 till March 2014 and Dependent has valid L2 VISA till March 2014, and my employer is applying L1 to H1 COS in April 2013. Now if my Spouse travel to India and want to come back in June 2013, will there be any risk at port of entry if my COS gets approved before she travel back?

Will approved H1 I94 always be effective from 1st Oct and i can maintain L1 status until 1st oct?

For sake of clarity and readability of others advised to open a new thread for a new topic.

[as05]

In that case you need not worry. Your Company B associated H1 will be active only from 01-Oct-2013 or later. Advisable not to apply for dependents L2 to H4 before they return from India trip. As your dependents L2 visa is valid, they can return on L2 in June 2013, and later with your approved L1 to H1 COS you can apply for your dependents L2 to H4 COS before your H1 start date.

This is my opinion not legal advice.

Hi Raghvi,

I have one more question related to my previous query.

Question: For how long my family can stay in India ? Is it safe to stay for more than 30 days ? Please suggest.

Thanks.