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  • L2 to H1b COS in Processing

    Hi ,

    My l2 to H1b COS is in processing. But My husband L1 Visa got denied In order to get new L1 Visa we need to travel back to India.
    My i94 is valid till 2020.Can I stay in US and wait for my petition get approved?
    if not will travelling back to India change COS to counselor if it is approved?
    How can I use counselor approved peteion to travel from India to US.
    In case I could not come back with L2 Can I come back on H4 and get H1?

  • #2
    Originally posted by Ichand View Post
    Hi ,

    My l2 to H1b COS is in processing. But My husband L1 Visa got denied In order to get new L1 Visa we need to travel back to India.
    My i94 is valid till 2020.Can I stay in US and wait for my petition get approved?
    if not will travelling back to India change COS to counselor if it is approved?
    How can I use counselor approved peteion to travel from India to US.
    In case I could not come back with L2 Can I come back on H4 and get H1?
    Since the primary person is not holding an valid L1 visa - L2 also is now invalid.

    Yes, after travelling outside USA, you'll need to get a new visa, because your L2 is invalid & you do not have H1 stamped yet.

    You need to first get visa stamped based on the approved petition & then travel.

    For H4 again, if your husband is not maintaining H1 status - your H4 is also invalid.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

    Comment


    • #3
      COS to Counsler Processing

      Originally posted by Libra_14 View Post
      Since the primary person is not holding an valid L1 visa - L2 also is now invalid.

      Yes, after travelling outside USA, you'll need to get a new visa, because your L2 is invalid & you do not have H1 stamped yet.

      You need to first get visa stamped based on the approved petition & then travel.

      For H4 again, if your husband is not maintaining H1 status - your H4 is also invalid.




      My Husband old L1B (Blanket) is still valid till dec 28 but the extension got denied if my H1b Gets approved before 28th will I able to work on it?
      If after 28th I go back to India and leave US what would happen to my application employer said it will be moved to counsler process what is it?
      If my H1 petition gets approved once I am in India Can I come back to US with my husband as his employer says they need to wait for cooling period to file another L1.
      Actually my main query is there any way I can use my Petition if approved from India coming to US and work.
      Please reply

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