Applying for L2 visa while H1B is in Progress

[shakhimohan]

Hi All,

My wife got L1B visa stamped and she is travelling this week (6th Sep 2014). I am yet to schedule an Appointment for L2 visa Interview in Chennai. I need clarification on items below:

1. My wife wants me to travel along with her this week and stay for 3 to 4 weeks but There are no appointments available for this week in chennai and I could see the availability for this week only in Kolkata. a) Shall I schedule my L2 visa interview in Kolkata? b) Will it give any chances for visa rejection due to taking up the interview in other state?
2. My current employer filed H1B for me and petition got approved and the visa interview may be scheduled for mid of october.
a) At this situation Is it advisable to apply for L2 visa? b) If yes, Shall I mention about my h1B visa processing to VO during my l2 visa interview?
c) Will there be any chances for either of the visa (either L2 or H1B ) get rejected?
3. Assuming that my L2 is stamped, In that case What will happen to my L2 visa If my h1B visa also got approved. (The Reason for this question is, Can I hold both the visa in my hand or It will allow me to have only one visa)?

It is really very urgent due to time constraint. please reply ASAP.

Thanks,
Mohan

[raghvi]

Hi All,

My wife got L1B visa stamped and she is travelling this week (6th Sep 2014). I am yet to schedule an Appointment for L2 visa Interview in Chennai. I need clarification on items below:

1. My wife wants me to travel along with her this week and stay for 3 to 4 weeks but There are no appointments available for this week in chennai and I could see the availability for this week only in Kolkata. a) Shall I schedule my L2 visa interview in Kolkata? b) Will it give any chances for visa rejection due to taking up the interview in other state?
2. My current employer filed H1B for me and petition got approved and the visa interview may be scheduled for mid of october.
a) At this situation Is it advisable to apply for L2 visa? b) If yes, Shall I mention about my h1B visa processing to VO during my l2 visa interview?
c) Will there be any chances for either of the visa (either L2 or H1B ) get rejected?
3. Assuming that my L2 is stamped, In that case What will happen to my L2 visa If my h1B visa also got approved. (The Reason for this question is, Can I hold both the visa in my hand or It will allow me to have only one visa)?

It is really very urgent due to time constraint. please reply ASAP.

Thanks,
Mohan

1. Dont see any issues. You can tell the exact same reason to the VO, no harm.
2. Dont see any issues either. VO most likely will not ask about your H1, dont volunteer unless asked for. If asked, you can say you plan to come back and attend H1 stamping interview at a later point of time.
I dont think either L2 or H1 would be denied for this reason alone.
3. Visa and petition are two different things. Your H1 petition was filed as Consular process so it will still be valid, but as you would enter US on L2 visa, you cant work for h1 employer without first applying a Change of Status from L2 to H1.
As for having L2 and H1 both stamped in passport I think you can have them both in the passport, but every time you enter US , you have to declare which visa you are entering on , and that becomes your status during that trip and you must adhere to conditions of that status. For example, if you enter on L2 visa, then your spouse has to be in valid L1 status, you cant work on L2 without applyign EAD. Similarly, if you enter on H1, you must work and get paid with the H1 employer on whose petition you are entering US.

This is my opinion not legal advice.