H1B and L2 simultaneously

USA H1B Visa
1

I have some more questions about wife’s case. I would need your help to get these answers.My wife has approved H1B petition (never stamped) from ABC company and i am in USA now on L1B. We also have a dependent (my Son).I want them to travel to USA, so that they can stay with me and my wife would like to work in USA also.Questions: I am planning to have both VISA stamped (H1b &L2 for my wife & H4 and L2 for my son)

What VISA we should stamped first H1b & H4 or L2 ? Does it make sense to stamped both the VISA to avoid any future issues?Is there any problem we can face during VISA stamping like rejection because of other VISA?Is the employer ABC have rights to invalidate the H1b petition(after leaving the org) , so that VISA will no longer be valid or transferable ?Please let me know the answer of above questions so that i can proceed with the formalities.regards,PS

2

  1. The order doesn’t matter - but you will have to file Change of Status(COS) and your old visa will get cancelled automatically and only the latest be valid.

  2. Same as above

  3. Same as above

  4. I don’t think they can cancel it.

If you want your wife to work, you need to obviously have her get H1B stamped.

3

Hi,

Just to confirm, If my wife will go for L2 VISA only and will not stamp H1B now.

  1. Can we file status change from L2 to H1B once she will reach to USA ?
  2. Will the H1B petition valid after stamping of L2 VISA ?.

Regards,
PS

4
  1. Yes, can file COS from USA
  2. Yes, petition will be valid even after H1B stamping.
5

Thanks for your reply LionKing, just one more questions.

  • If the current employer of my wife will withdraw H1B petition, is it possible to file the COS from L2 to H1B after some time, once she will have the sponsor in US ?

My intention here is that H1B will not get wasted and she would be able work independently on H1B in future.

regards,
PS

6

Yes, if you find a sponsor, you will be able to transfer old H1B