Hello ,
Need Suggestion.
Me and my spouse are on L1/L2 visa which will get expire in Nov-2013.
I am on L2 visa and have applied for H-1B visa this year . I have got selected in Lottery but status is in Initial Review.
My husband’s company is asking for L1-L2 Extension Visa stamping from Canada since we have valid I-94 until 2015.
My concerns are,
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Though H1B visa is in Initial Review status Can I go for L2 Visa stamping after October’13 though.
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If H1-B visa gets approve then can I enter into USA on L2 visa after October’13.
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What if H1-B visa status goes into RFE in that case Can I go for L2 visa stamping.
Really appreciate for suggestions.
Referforum
Thanks for all detail explaination.
So in all above cases Can I take L2 Visa interview Date in Canada and go for Visa Stamping before Nov’13.
One more questions since H1B status is not yet approved Can I apply for L2 EAD extension which is valid until Nov’13.
Appreciate your help.
Yes for both the Questions. Good luck!
Just one comment on 1st question.
If you leave US while H-1 is pending after Oct, then your COS will be abandoned. Even when your H-1 gets approved, you will not get an I-94 attached. Your employer can then file for COS or you can enter US on stamped H-1 visa.
Another option is to upgrade your H-1 petition to PP so that you get the result in time. If approved, you can decide not to go out for L-2 visa stamping.
BTW, when your I-94s are valid till 2015 why the rush to get L-1/2 visa stamped? You can stay and work in US on the basis of I-94 in case of L-1/2.
Thanks Saurabh for all the details.
There are chances that we have to travel to India after Nov’13 (i.e. visa expiry) for that reason we are planning to do L1/L2 Stamping.
As you have mentioned if company has to file COS. So will there be any charges/cost again for it. I am filing H1B first time. I am on L2 visa through my Husband’s company and filing H1B visa through another company.
Appreciate for suggestion.
COS filing will cost around $325.00 + attorney fees. You need to keep your H-1 employer in loop about your travel plans.
Thanks Saurabh for all the detials.
Yes we have informed my H1B employer and they are saying there are chances that we will get H1B before October’13.
But we have not informed my Husband’s company(L1/L2) since we are not sure about my H1B status.
One more thing,
Since we are hearing Canada Visa Stamping is taking more time due to Strike. Can we go for L1B extn stamping to Mexico. Will there be any risk compare to Canada.
Really appreciate for your time and suggestion.
You can go to MX as well. Same risks are involved. Have back-up plans in case L-1/2 visa stamping runs into issues.
Congratulations Saurabh and all the very best to you/family for Baby !!.
I really appreciate for your suggestion in my case.
We are planning to go to India in December and due to personal reason we can’t avoid that.
My concerns are,
Now H1B is in RFE status and employer is saying they will reply to RFE docs and then it will be in premium.
I really appreciate if you suggest,
- If H1B (currently in RFE) gets approve beofre October or after October I am planning to go for L2 visa stamping in October last week and return on L2 visa.
My understanding is in that case H1B visa will not get cancel and I will go to India in Decemebr and return on l2 visa and then I can file L2 to H1B COS.
I asked my H1B employer and they are saying for H1B stamping from India they will have to do abandon and which I guess will take 2-3 months. So my thinking is though H1B approved I will work on L2 EAD visa until I come from India and then I can do COS.
Kindly suggest. I am confused.
Saurabh: Can you explain how it is $325.00?, COS is different from Amendment, what abt other fees?
Good idea, on L2/EAD you have flexibility, you may change the employer for H1B later on…Just save a copy of the H1B (I-797) Approval notice.
Thanks . But I am not sure Is it Legal …Can we work like this.
Why not, if you come back on L2 and you get an EAD, it is not ILLEGAL.
I will check with my H1B employer.Thanks for reply and time.