currently on L1b and H1b is in RFE received response status and spouse in India on L2

[Naseerk]

Hello to the forum members,

Need your expertise and guidance on my case.

1. Currently I am on L1B Visa status (I94 Valid till Oct 2016) and H1B for 2015 is picked and current status is RFE response received.
2. My spouse, she is on L2 (I94 is valid till Oct 2016 ) travelled to India and still she is in India.
3. My daughter (American citizen) who born here had also went with my spouse.

Now their return tickets are on Nov 9 from Hyderabad. Before Nov 9 any time If my H1B got approved do my spouse has to go for H4 visa stamping in India or she can travel with her L2 dependent visa which is valid till Oct 2016.

Kindly guide and assist on this case. Thanking you in advance.

[raghvi]

Hello to the forum members,

Need your expertise and guidance on my case.

1. Currently I am on L1B Visa status (I94 Valid till Oct 2016) and H1B for 2015 is picked and current status is RFE response received.
2. My spouse, she is on L2 (I94 is valid till Oct 2016 ) travelled to India and still she is in India.
3. My daughter (American citizen) who born here had also went with my spouse.

Now their return tickets are on Nov 9 from Hyderabad. Before Nov 9 any time If my H1B got approved do my spouse has to go for H4 visa stamping in India or she can travel with her L2 dependent visa which is valid till Oct 2016.

Kindly guide and assist on this case. Thanking you in advance.

Was H1 applied as COS? Is H1 and L1 employer same?

If H1 was applied as COS, then you would automatically move to H1 once it is approved and you must work with the H1 employer to maintain status. Now, if you move to H1 then your spouse's L2 does not have any significance, and she must get H4 visa in order to enter US she cannot use her L2 visa to enter US. If on the other hand, your H1 does not come by before her travel date then yes, she can enter on L2 but would need to file L2 to H4 as soon as she enter so that she does not go out of status. So first find out if H1 was applied as COS or not.

Your daughter, if holding American passport then all this does not matter for her.

This is my opinion not legal advice.

[Naseerk]

HI Apologize for late reply..

I spoke with Employer and he confirmed with Attorney and said the haven't applied COS along with H1B. H1 and L1 employers are different.

Fortunately I got approved my H1 today on Oct 30 2015 in the closing hours of Friday and my wife is still travelling as per the plan as my H1 alone is applied and no COS being applied.

I thank you so much and would update once she reached US. Thanks

[Naseerk]

Thanks to Immihelp and to raghvi.. you pin pointed the right point COS, where I am able to take right decision. I had appointed attorney but made me confuse with out asking about COS. Your point was correct with out COS still my spouse travelled and no issues at immigration and she entered into US.

A big thanks...