Im on L1-B filing H1 and Wife has L2 with EAD filing H1

USA H1B Visa
1

Hi

Currently I am on L1B visa and my wife on L2 with EAD and both working in US. My Children are on L2 Visa. My employer filing H1 for me and my wife’s employer filing H1 for her. So should I file H4 through I539 for all my family members along with my H1 filing? or just for my children alone. Also please consider a scenario of my H1 will get approved and my wife’s H1 will get denied so that what status will she be on incase if I dont file H4 for her now?

Appreciate earliest possible response on this.

Thanks

Venkat

2

You have valid concern regarding your H-1 getting approved and hers getting denied (and vice-versa is also possible).

To avoid this situation, you should have the more riskier H-1 filed w/ premium processing. So if wife’s H-1 has higher chances of running into issues, then have it filed w/ PP. Soon you will know the result, and if it is denied then you can have H-4 filed for that person. Meanwhile, you can file the other petition w/ H-4 just for the kids. You can add the spouse on H-4 later once you get the PP decision.

3

Filing premium mode may not be possible in either case. But we all including children have I-94 valid till Jan 2015.I believe, even my H1 will get rejected I can continue on L1. I am worrying about my spouse’s situation in case my H1 will be successful and her one will get rejected scenario. Is I-94 date adds any value here? Her L2-EAD also available till June 2014

Thanks
Venkat

4

You are correct that you are covered based on your L-1 approval. Here are few more options:

  1. File your H-1 w/o COS. This way you will remain on L-1 even after your H-1 gets approved. If your wife’s H-1 is approved, then you can file separate COS for yourself and kids. If her H-1 is denied, then you can file separate for yourself, wife and kids.
  2. File your H-1 w/ COS. If her H-1 is denied and it’s still prior to Oct 1, then she can file COS for L-2 to H-4 on your H-1 petition. If it is after Oct 1, then she can leave US and return after getting H-4 visa stamped.
5

Thanks a lot. I am really happy and got worthful advise and exceeded my expectations.