Dear Sir,
Background :
My husbad is working on L1- B visa and applied for H1 visa through another employer.
His L1-B visa & I-94 was expired on 10 Sep 2012 and L1B extension has been in progress. His H1B visa is still in Initial Review stage.
My L2B Visa & I-94 was also expired on 10 Sep 2012 and L2B extension is in progress. but my new H4 visa is not yet applied by his new employer.
The new employer is saying that he will apply for my H4 once H1 will be approved.
Question :
Let's say, My husband's H1 COS visa will be approved today , so his L1B visa will be invalidated with immediate effect and he needs to join new employer on H1B visa from next day.
In this case, My L2B visa will also be invalidated when my husband's H1 will be activated. and then he will apply for H4 in next 1-2-3 days....
So during this period, Am I eligible to stay in USA ? ( as my L2B is still in extension process ....and again H4 application process will be started)
What is the min period to apply to H4 in this case ?
Is there any problem happen e.g. H4 will be rejected in this case ?
I am planning to go to India for 1 or 2 month but I am not sure when to go to India considering this situation. Shall I wait for H1 approval & then H4 application will be submitted and then I'll go to India ? Is this a right approach ?
OR I'll immediatley go to India ?
In any case, I'll come back to US only when I'll have vaild visa & stamping.
Please Suggest.
Thank You.
Regards,
Sanjana.