Me and My wife want to apply for H1 visa

USA H1B Visa
1

HI,

Me and My wife want to apply for H1 visa.

 

We both are working for an Indian MNC and are in L1B visa. My Visa & I-94 are already expired on 13-Jun-2013 and right now I`m under extension. My wife`s visa is valid till 2015.

 

Before going back to India I`m planning to apply for H1 visa and I`ll be coming back to USA as L2 dependent(under my wife`s L1B), please let me know-

 

1) Can I apply for H1 Visa when already under L1B-extension?

2) If answer for above question is YES then what will happen if I come as dependent, is there any impact to H1 processing as my visa status will be changed from L1B to L2.

 

3) Also If i will not be able to apply for H1 during my L1B extension, can I do it when will be in L2.

 

 

Thanks
2

  1. Yes, you can. However, for COS to be approved, you need to have L-1 extension approved.

  2. You can still apply for H-1 w/ COS from L-2 to H-1

  3. Your L-1 extension will be abandoned as soon as you leave US. So your H-1 will be applied while you will be on L-2.

3

Thanks Saurabh for answering the queries, I have some more and will really appreciate If you can answer-
As Im under extension and completing 240 days of extension period on 13-Feb, so after that I would have to leave for India if extension doesnt work, in that condition can I initiate H1 before leaving for India (with L1B rejected status)?