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H4 to L1 (Huge Confusion)

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  • H4 to L1 (Huge Confusion)

    Hi All,

    This forum has been really helpful to me. I got all my queries answered and I got benefited from it.

    Currently I am having some ambiguity on my Wife's case.

    My Wife came here on H4 last year in May. She got a job from her previous employer and they gave her an L1B visa.
    The visa petition was approved and she started to work. (They have done the COS from H4 to L1).

    We are planning to goto India next month and we have already submitted the DS160 form to Consulate.
    We are yet to schedule an appointment early next month.

    The company is confident of getting the Visa stamped on passport.
    But I just have a concern:
    In case if the Visa is not stamped, can my wife still come back to US on H4 visa immediately. (And obviously she cannot work since L1 Visa is rejected)

    If she cannot come back due to COS, what are the options left for me.

    ANother option which came to my mind is: NOT TO GO for Visa stamp and come back on H4. (since previous stamp should still be valid) and go for L1 Visa stamp in next trip.

    I am now totally confused whether to go for Visa stamp or not.
    Also if we go and if it gets rejected, what are the options ?

    Can you please suggest me with your valuable inputs.

  • #2
    XaFYFE

    Originally posted by UserH1b View Post
    Hi All,
    The company is confident of getting the Visa stamped on passport.
    But I just have a concern:
    In case if the Visa is not stamped, can my wife still come back to US on H4 visa immediately. (And obviously she cannot work since L1 Visa is rejected)
    A couple of things to consider: 1st - they might cancel the H4 visa, for the same reason they deny the L1 visa. 2nd - if the H4 visa remains valid and your wife returns with it - she loses the L1 status, she'll be back on H4 and won't be able to come back to work.

    If she cannot come back due to COS, what are the options left for me.

    ANother option which came to my mind is: NOT TO GO for Visa stamp and come back on H4. (since previous stamp should still be valid) and go for L1 Visa stamp in next trip
    Same problem - if she gets back on H4 - she loses the L1. The whole COS process has to be redone all over again.


    I am now totally confused whether to go for Visa stamp or not.
    Also if we go and if it gets rejected, what are the options ?
    What confuses you? Why do you think the visa will be denied? Do you have any particular reason to believe so? If so - just stay in the US and don't go out, that way she'll keep the L1 status and won't need a new visa stamp.
    Disclaimer: The advice written by me was not intended or written to be used, and it cannot be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer. Everything I write or suggest is based on my personal experience and knowledge, and I may be wrong.

    Send me a private message if you're interested in help with US State and Federal tax returns (RTRP).

    Visit the blog with the tips and tricks any newcomer to the US should learn: The Little Advisor

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