H1B-2014 and L1-A which visa to get stamped when visit India

[Thatguy]

Myself and my wife are in the USA. She is on L1-B visa, which got over in Dec-2012, but she has valid i-94 to stay till 2014. We both are planning to visit India by end of this year(mostly after Oct, 2013). She is working with an Indian IT company here.
Few months back her company decided to send her back to India. Fearing that, we filed for a h1b visa for her(through a desi consultant) in the 2014 cap (if approved, she can work from oct, 2013). But then later, her company decided to keep her in USA and has agreed to file for a L1-A visa this time.

I am given to understand that L1A visa cant be filed from USA, so she has to go the embassy, do an interview and get it stamped.

Now, my confusion is:
1) which visa stamping should I get done for my wife once I visit India - L1-A or H1b (if approved)?

We would be going to the Mumbai embassy.
please help. thank you!

[raghvi]

Myself and my wife are in the USA. She is on L1-B visa, which got over in Dec-2012, but she has valid i-94 to stay till 2014. We both are planning to visit India by end of this year(mostly after Oct, 2013). She is working with an Indian IT company here.
Few months back her company decided to send her back to India. Fearing that, we filed for a h1b visa for her(through a desi consultant) in the 2014 cap (if approved, she can work from oct, 2013). But then later, her company decided to keep her in USA and has agreed to file for a L1-A visa this time.

I am given to understand that L1A visa cant be filed from USA, so she has to go the embassy, do an interview and get it stamped.

Now, my confusion is:
1) which visa stamping should I get done for my wife once I visit India - L1-A or H1b (if approved)?

We would be going to the Mumbai embassy.
please help. thank you!

It depends upon which employer she wants to work with.

If she wants to work with L1 employer she should go for L1A stamping, if she wants to work with H1 employer, she should get H1 stamping. If she gets L1A you can get L2 and can work with EAD. If she gets H1 you have to get H4 but cant work on H4.

This is my opinion not legal advice.

[Thatguy]

She is happy to work with either of them L1A or H1B. Our concerns is, which visa would be more easier to get stamped from India - L1A or H1B ?

[raghvi]

She is happy to work with either of them L1A or H1B. Our concerns is, which visa would be more easier to get stamped from India - L1A or H1B ?

On What visa are you currently? If not on L2 then probably it doesnt matter for you which visa your spouse goes for. Each work visa, H1 or L1, has its own set of advantages and disadvantages.

The success of stamping depends on the strength of documentation you have for each visa and employer. But seeing the recent trends H1 have been easier than L1A if its a EC model. If its EVC, or EVVC model H1 are scrutinized more.


This is my opinion not legal advice.