Need Urgent Help!!!

[juj]

Hi All…I need urgent help….my employer have filed H1-B visa for me, the petition will be approved within a month….meanwhile my husband’s employer are filing L1-B visa for him and have asked him to travel to US, that might be in a month or so…please help me find solution to my problem-
1). Should I wait for my H1-B visa to get approved and then travel? or
2). Should I file for L2 visa (dependant) along with my husband and go with him?
If I go on L2, I would be able to work only after I get EAD, meanwhile can my employer continue with my H1 processing? Can I hold L2 as well as H1 at the same time?
Please suggest what is the best solution possible…..thanks a ton in advance...

[raghvi]

Need Urgent Help!!!

There are many possibilities and probabilities here. Some other details that you may well also have to plan out.
1. Is your H1 location going to be same as husband's L1 location if they are different, are you ok with it?
2. If your H1 gets approved first but your husband's L1 gets delayed/denied, will he travel on H4 with you? if not, will you wait till he gets his L1, will your company wait till his L1 is completed?
3. If your husband's L1 gets approved first and your H1 gets delayed/denied you should go for L2 processing and travel on L2. You can work on L2 only after getting your EAD which may take a few months. Your employer can continue the H1 processing, but once approved you will have to file a COS from L2 to H1, that may or may not involve a trip outside US for stamping again depending upon how you company files it.

Also remember, on L1 he cannot change his job without getting H1 first, on H4 he cannot work. If you go for H1 stamping after your successful L2 stamping, your existing L2 may or may not be cancelled, depends upon the Visa Officer, similarly when you go for L2 stamping after your successful H1 stamping your existing H1 may be cancelled. Even if no visas are cancelled, you would have to declare at the POE under what status you are entering US and that will be put on your I-94. So in effect you cannot shuffle between H1-L2 in US overnight you will have to file appropriate Change of status as and when you do so.

With the processing time lines longer nowadays, you have all the time to patiently think about the possibilities and plan out accordingly.

This is my personal opinion and not legal advice please do seek expert opinion too.

[juj]

Hi Raghvi,

Thanks for your reply.

The scenrio is going be be that my husband's L1 will be processed first, but my H1 approval would take longer time.
If I understand correctly from your post, I can apply L2 along with my husband while H1 is still under process and as and when H1 approval comes, I can go for a COS from L2 to H1?

Another issue, during L1/L2 processing, do we need to mention that my H1 is under processing? and can this have a negative impact? as in can it result in L1 rejection itself?

We do not have much time since my husband's L1B processing has to start in his Organization this Monday itself. We are confused about the legal/ policy based issue.

Awaiting eagerly for your expert advice.. Thanks a lot in advance.

[raghvi]

Need Urgent Help!!!

In my opinion, processing is a very generic term. Till the approval notice or petition number is in your hand the visa processing doesn't begin. Has he submitted the documents to his immigration team? Has your husband already got the I 797 petition Copy from his employer ? I 129S? In large organization it can take anywhere between 15 days to months to get all this done. After getting these the DS-160 form would have to be filled by him and for dependents. As long as you dont have H1 approval notice with you there is no requirement for you to mention it in your DS-160. And it doesn't have any impact on the L1 processing. Yeah, you would have to mention your employer name in the DS-160 for you.

Again this is my personal opinion and not legal advice.