Will an earlier H1-B impact getting a L-2?

S

sinpad

New Member
My wife would like to apply for a dependent L-2 visa since I am on L-1 status. While ordinarily this should not be a problem, we are a little concerned about her last US visa, which was a H1-B.

To give you a background, my wife was in the US on a L-2 from Feb 2001 to June 2001. During this time a US company had sponsored her H-1B. The H1-B was approved. My wife went back to India and re-entered the US on the H-1B in September 2001. Unfortunately, 9/11 happened just a day later and although the US company had sponsored her H-1B they said they won't be able to pay her until she finds a project to work on. Due to the problems prevailing in the US at that time, she could not find a project and the US company did not pay her. Consequently, she returned to India in March 2002 and hasn't entered the US ever since.

So, she does not have any pay stubs or any experience letter or any documents from the US company.

Now, she wants to enter the US on a L-2 since I am working here on a L-1.
Since her last US visa was the H-1B, we are concerned that she might face questions at the Consulate.

Do you foresee any complications for her to get the L-2?
If yes, how should she tackle them?
Is it possible that she may be denied a L-2 based on what happened almost 7 years back?

Appreciate your response.
 
Your spouse is going to appear for a L-2 based on your L-1 and not based on her H-1B. She should not face any problems. If for a shocking reason, the Consular Officer asks any questions regarding her H-1B, please tell her to be truthful. Regardless, the chance of Consular Officer asking questions related to her H-1B is impossible -- they have enough work already and they are not even able to spend more than two minutes, in almost all cases.

Good luck.
 
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