L1 visa and visitor visa conflicts possibilities

[Sunny Sharma]

Hi,
I am in the US on h1 visa. My wife is currently in process of getting approvals from her company for L1 visa. however, this process is taking very long. till today, management has not given a go ahead and i guess it will take 3-4 months to go through the whole process. her immigration team suggested not to go for h4 visa as it might affect her L1 visa processing as embassy can put an enquiry about whether she was working on h4 visa or not. my question is what if she comes here on visitor visa for a month or so till the time we do not have clarity on her L1 visa process. later on, if L1 visa don't work out,t hen she can be here on h4 visa. but will visitor visa will have same issue as to whether she is working here or not. Ideally, she will be here on planned vacation but we don't want an issue with her L1 process as and when it starts.

[raghvi]

Hi,
I am in the US on h1 visa. My wife is currently in process of getting approvals from her company for L1 visa. however, this process is taking very long. till today, management has not given a go ahead and i guess it will take 3-4 months to go through the whole process. her immigration team suggested not to go for h4 visa as it might affect her L1 visa processing as embassy can put an enquiry about whether she was working on h4 visa or not. my question is what if she comes here on visitor visa for a month or so till the time we do not have clarity on her L1 visa process. later on, if L1 visa don't work out,t hen she can be here on h4 visa. but will visitor visa will have same issue as to whether she is working here or not. Ideally, she will be here on planned vacation but we don't want an issue with her L1 process as and when it starts.

Her employer is wrong in assuming it will affect her L1 if she goes for H4. Of course she should not be working while on H4 and maybe the employer is not comfortable with that.

I would still suggest that she goes ahead with H4 rather than B2. As for her employer if they are uncomfortable to not have her working, ask them to premium process the L1 to get a decision faster.

This is my opinion not legal advice.

[Sunny Sharma]

Her employer is wrong in assuming it will affect her L1 if she goes for H4. Of course she should not be working while on H4 and maybe the employer is not comfortable with that.

I would still suggest that she goes ahead with H4 rather than B2. As for her employer if they are uncomfortable to not have her working, ask them to premium process the L1 to get a decision faster.

This is my opinion not legal advice.

Thanks Raghvi. it seems her employer is trying to avoid any conflict with h4 even it doesn't exists which i do not understand.

Funny point is that my wife's employer are still in process of deciding when and how they want to have my wife in the US. so as of now, L1 process has not started. I was thinking to atleast get her h4 so that she can come here for sometime as my company is ready to bear the expenses.