Can dependent stay back if the primary goes for a vacation?

Hi Saurabh,

Here is my scenario:

I am planning to go for a vacation to India during Jan 2013 to get my H-1 Visa stamped as my L-1 to H-1 conversion was approved without COS. That is because my wife was working on L-2 EAD, so I wanted some more time for her to continue working beyond October 2012, so I requested for approval without COS. My L-1 Visa ends March 2013, so I have planned to get my H-1 stamped by Jan 2013. My wife’s company has filed for L-2 to H-1 conversion on May 3 at WAC and it is still in “Initial Review” status. I have a couple of questions here:

  1. Suppose USCIS doesn’t provide a decision on my wife’s H-1 by Jan 2013, is it legally plausible for me to leave by spouse behind and go for vacation? I am asking this because she would still be in dependent status at that point, are dependents required to go along with the primary for vacation or anything? If my stamping doesn’t go thru, its obvious my wife cant stay in US, so there could probably be a USCIS rule to prevent such scenarios from occurring that dependents must go with primary of they leave the country? If such a rule does exist, can my wife still stay back in US on the basis of her pending H-1 adjudication?

  2. I got my H-1 approved April this year without COS. I am authorized to work in 2 client locations in different cities A and B (same client, though) and LCAs were provided for both. While the LCA for city B exactly specifies the address that I am working (street, building # and all), the LCA for city A does not specify my exact work location address or city, but another address in the same county which is not more than 10 miles from my actual address. It does help that I very rarely visit city A to do my work and work mostly based out of city B (LCA B carries the exact address), I might visit city A too for some project related implementations once in 3 months or so for a day or two. The petition was approved, but how will this ill affect my chances during stamping, if the VO asks for the work locations addresses and I am honest?

Please split your long questions in multiples on small so that people can quickly go thru to respond you.