Holding L1B - h4 query

[SRMS]

Hello,
I am holding L1b for company xyz valid till Oct'2016. I came to India after 4 months stay in USA for my marriage.now i got married and trying to get project in the same location where my husband stays.but not getting it , so my question is if i appear for h4 can officer raise a question why i need a second visa ? or can my L1b get cancelled and is it legal if i appear for h4 with holding company L1B visa? if my L1b gets cancelled , will my company get to know about it ?
Second thing, if i do not file h4 from India and i enter in USA with L1b and then after reaching there can i apply for H4 from USA?

[raghvi]

Hello,
I am holding L1b for company xyz valid till Oct'2016. I came to India after 4 months stay in USA for my marriage.now i got married and trying to get project in the same location where my husband stays.but not getting it , so my question is if i appear for h4 can officer raise a question why i need a second visa ? or can my L1b get cancelled and is it legal if i appear for h4 with holding company L1B visa? if my L1b gets cancelled , will my company get to know about it ?
Second thing, if i do not file h4 from India and i enter in USA with L1b and then after reaching there can i apply for H4 from USA?

Assuming your spouse already has a H1 I dont see any issues in you going for H4 stamping. Each visa purpose is different, so officer wouldnt ask for why you need H4. You can say that you need to be with spouse as dependent hence filed for H4. Yes, it is possible that your L1 visa in passport gets cancelled.

You should not enter US on L1 visa if your company doesnt have work for you. If you enter US on L1 visa you enter on L1 status hence should work with L1 employer upon entry to US if not you go out of status.

This is my opinion not legal advice.

[SRMS]

Assuming your spouse already has a H1 I dont see any issues in you going for H4 stamping. Each visa purpose is different, so officer wouldnt ask for why you need H4. You can say that you need to be with spouse as dependent hence filed for H4. Yes, it is possible that your L1 visa in passport gets cancelled.

You should not enter US on L1 visa if your company doesnt have work for you. If you enter US on L1 visa you enter on L1 status hence should work with L1 employer upon entry to US if not you go out of status.

This is my opinion not legal advice.

Thank you so much Raghvi for your reply.
Yes my spouse has H1. but if i go for h4 stamping then is it require to inform my company?
and yes correct i can not enter on L1 if i do not have work for company..but now my company is asking me to take work for another location and go on L1 immidiately .so
so can i go on L1 and apply h4 after reaching there..because after few months of work if i wish to stay with him then i can apply change of status.
i am not sure if we can file h4 in US as it is not my home country.

[raghvi]

Thank you so much Raghvi for your reply.
Yes my spouse has H1. but if i go for h4 stamping then is it require to inform my company?
and yes correct i can not enter on L1 if i do not have work for company..but now my company is asking me to take work for another location and go on L1 immidiately .so
so can i go on L1 and apply h4 after reaching there..because after few months of work if i wish to stay with him then i can apply change of status.
i am not sure if we can file h4 in US as it is not my home country.

If your company indeed has work I would suggest, that you dont take the risk of going for H4 and risk getting L1 stamping cancelled.

Enter US on L1 visa, work for few months and then later apply a L1 to H4 COS using form I539. It is legal and valid to do so.

This is my opinion not legal advice.

[SRMS]

If your company indeed has work I would suggest, that you dont take the risk of going for H4 and risk getting L1 stamping cancelled.

Enter US on L1 visa, work for few months and then later apply a L1 to H4 COS using form I539. It is legal and valid to do so.

This is my opinion not legal advice.

Thanks a lot for your guidance, its really helpful

i tried getting project in nearby location , but now there is one thing i am thinking about is
My L1B is for client A and location A , now is it possible to go for Client B and location B
i guess NO...is there any alternative for this ?