L2 Visa if H1 is picked

[aar403]

Hi,
Advance thanks for all the help and time!

Can we take L2 (dependent) visa in August, if H1 is picked and currently working in India?
If we take, then can my spouse travel to USA from August to Sept, and return back to India and then go for H1 visa?

Appreciate all the guidance,
AAR

[raghvi]

Hi,
Advance thanks for all the help and time!

Can we take L2 (dependent) visa in August, if H1 is picked and currently working in India?
If we take, then can my spouse travel to USA from August to Sept, and return back to India and then go for H1 visa?

Appreciate all the guidance,
AAR

Yes.

This is my opinion not legal advice.

[aar403]

Yes.

This is my opinion not legal advice.

Thanks for the immediate response Raghvi!

I have a follow up question.
With approved L2 Visa (Aug, 2016) and H1 picked do she need to travel on vacation (August - October) if she still wants to retain with her Indian company as they have raised H1? and she would be travelling back to India to attend Interview in October?

[raghvi]

Thanks for the immediate response Raghvi!

I have a follow up question.
With approved L2 Visa (Aug, 2016) and H1 picked do she need to travel on vacation (August - October) if she still wants to retain with her Indian company as they have raised H1? and she would be travelling back to India to attend Interview in October?

Am assuming her H1 was applied as consular process. So in order to move to H1 either her employer would have to file an amendment to convert it to COS , OR, she has to travel back to India and get herself an H1 stamping done in order to move to H1. It's important that she keeps her employer in confidence and make them aware of her L2 travel.

This is my opinion not legal advice.