L1 to L2 COS approved, stamping in India alone

USA L1, L2 Visa
1

I really need some expert help.

I was in US on L1B, My L1B expired so I did a COS in may-13 to L2 on my spouse’s L1B.
Because of some personal reasons I had to travel back to India in June-13   (my COS was approved by that time) but now I need to go back so before that I need to go for L2 stamping to Re-Enter US.
Unfortunately my employer is not willing to process My L2 ( Me and my spouse both work for same company) So I am planning to go for stamping on my own.

- I want to know is it possible for me to get the stamping done on my own or only employer can get it? ( I already have a approved petition for L2)
- What documents will I need ( Do I need anything from the employer?)
- Do I need to pay the visa fee again ( as it was already given when COS was applied)
- Also a different Employer has filed for my spouse’s H1 (COS), will that be a problem if it is approve before I go for stamping? ( H1 should only be valid after 1st of Oct, so I should be able to stamp L2 and enter US before that right?)

Please help!
2

  1. I think you can appear for stamping carrying the information you have.

  2. You need spouse’s L-1 documents, your own COS approval copy, old I-94 copy, previous L-1 documents.

  3. Yes, you have to pay the fees to the consulate

  4. This can get tricky. If you return on L-2, then you will have to file COS to H-4 so that you move to H-4 when spouse moves to H-1. So you have to be smart about timing it.

Who filed COS from L-1 to L-2? Did the employer support the COS? Its strange that they are not supporting L-2 stamping of the family.

3

Thanks so much for your answer Sir.
Could you please help with below as well:

  1. Will there be a problem in my L2 stamping if my spouse’s H1 is approved before I appear for stamping of L2?
  2. Also if I get the stamping and reach US I would need to file for COS again before 1st of Oct rt?

My employer did the COS when I was in US but now they are not ready to bear the cost again for L2 and my travel. ( As with visa, travel would also be their responsibility. its sad but unfortunately it is true in my case)

4
  1. No. The H-1 status change will happen on Oct 1 or later. So before that, you can appear for L-2 visa stamping.
  2. Yes, you will have to do that to move to H-4 status

COS is around $325.00 + attorney fees. It may be cheaper if you pay for that as compared to traveling to India.