Clarification between H1, L1B and H4.

Hi All,

I have few Clarification between H1, L1B and H4.

  1. Currently I have L1b visa from company A in India and I am not yet in US now, Working in India only. I will be leaving in couple of months and work for the company A in US and also I will be taking my wife and kid along with me by dependent L2 visa.

Once we landed my wife can work for any employer in US right with L2 visa ?

  1. my wife L2 visa is valid same as mine (3 years) till June(2016). After we landed in US and my wife gets job from some

employer and she is working . Can I leave from US and come back to India and work for company A. if I leave from the US to India should my wife and kid also leave from US?

  1. i)I am planning to apply H1B for my wife in 2014 quota and if her H1 approved in Oct2014. Then I am planning to come back to India and resign my company A who processed L1b visa and then if apply for H4 visa from India, can I get a H4 visa from India consulate? will there be any problem?

ii)If I wont get H4. once I resign my company A in India, still I have my L1B visa valid till (2016 June).

Can I again travel back to US and stay with me wife but can’t work for the employer A in US coz resigned my job in India

(OR) Does my L1B visa become invalid once I resign the company A in India?

Can someone throw some lights on my query.



  1. Yes, after EAD has been filed and approved

  2. Depends upon how long you will be gone from US

i. You can get H-4 visa stamping done. There is always a chance of running into issues during stamping

ii. You need H-4 to travel and cannot use L-1 as you have already resigned from A. You can use L-1 only if A wants you to return to US and work for them

Thank You, Saurabh

Just a quick question.

  1. How come resigned company A will share the information to US consulate that i have resigned from that company when the visa is valid for another 1 year or so.

Please confirm.

When you enter US, you will have to show your reason to enter to the PoE officer. If you tell the officer that you are entering on L-1, then it means you are going to work for L-1 employer; which is not the case.

Irrespective of whether A has informed USCIS about the resignation or not, you cannot use that visa stamp to enter US. It should only be used if A wants you to enter US and work for them on L-1.

Thank you, Saurabh for your quick response…