I have L1 visa. Can I stay in US if I resign?

[abs]

Hi,

I have L1-Individual visa and waiting for my employer to send me to US. This is taking really long time as there are no projects for me.

1. Can I enter US using my L1 visa staying on company payroll (by taking leaves)?

My husband is working in US on H1B and I am eligible for H4 visa.

2. If I resign after entering to US, can I stay there till my H-4 is stamped?

Thanks in advance.s

[knowledgeable]

Yes, no, but ...

Yes you can stay in the country as long as a valid H4 dependant visa was approved for you.

No, it does not have to be specifically stamped on your passport. As long as you get the I-94 with the H4 approval you're good and can stay in the United States.

If you leave the country and want to to return then you need a stamp on your passport for the visa.

No, you cannot just stay in US if you resign on your L-visa and don't have an approved H4.

Take care.

PS: One thing that I am not aware of is, whether you can file your H4 from L1 within the US. You may need to find that out or see if anyone else can answer that question.

[abs]

Yes you can stay in the country as long as a valid H4 dependant visa was approved for you.

No, it does not have to be specifically stamped on your passport. As long as you get the I-94 with the H4 approval you're good and can stay in the United States.

If you leave the country and want to to return then you need a stamp on your passport for the visa.

No, you cannot just stay in US if you resign on your L-visa and don't have an approved H4.

Take care.

PS: One thing that I am not aware of is, whether you can file your H4 from L1 within the US. You may need to find that out or see if anyone else can answer that question.

--- Thanks
Based on your special note, I would like to ask one more question that will it be better if I get H-4 stamped on my passport before entering into US?

I hope it will not cancel / revoke my L1 and I will just have to select my visa type (L1 or H4 depending on situation) at the time when I-94 is stamped. Please confirm.

Thanks once again.

[knowledgeable]

Good question

It's a very good question. If you're planning to continue working on your L1, then keep it as-is and use it to enter the US.

However, if you're sure that you don't want L1 at all and will not work with your current employer, then it's best to get your H4.

Don't bet on keeping both the visas at the same time, it may probably cause more questioning for you than not.

Good luck.