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L1B stamping for dependents when primary is in US with Extension without a stamping

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  • L1B stamping for dependents when primary is in US with Extension without a stamping

    Hello,

    I'm in US on my third L1B extension and it is valid till Nov-11-2011.
    Both I and my dependents are without the VISA stamping and on L1B Petition.
    In June 2011 my dependents are planning to travel to India for 2 months vacation.
    Please help me with the following questions
    1.Can my dependents get the VISA stamped when I stay here in US( please note that I also have only the petition extension and not a VISA)
    2.My current employer is also planning to process H1B as I'm on my last L1B extension phase.In the event that my dependents cannnot have VISA stamped without me being present during the Interview is there any risk in me travelling to India when my H1B process is in progress ?
    3.Is there any issues in appearing for L1B VISA stamping in August for a petition that is expiring in Nov-2011 ? (If this is a problem can we explain that H1B petition is under progress and that I would work on L1B till Nov-11 and on H1B after that once it is approved) Is this a normal thing to do ?

    Please help...


    Thanks,
    Arun

  • #2
    1. No visa stamp needed for primary to have the dependents get the stamp.
    2. Travel during pending petition is not recommended as it voids the COS.
    3. No issues. But you would have to travel again to get H1b stamp as your change of status is considered abandoned if you travel while pending.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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