Conference Call on Oct 2, Recording now available for download

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basav

Registered Users (C)
#21
H1B stamping for self at chennai leaving dependents in US

Hi Rajeev,

I am currently on L1B in US with my spouse and kid who are on L2.My Spouse has both EAD , and H1B (20007 quota) but with no job yet for either of them.

I would like to visit india leaving my family back in US, and then re enter US with my new H1 visa which is approved this year.My Questions are,

1. Is it legal to get stamping for myself at chennai leaving dependents in US (my spouse has both L2/H1B,kid is L2/H4 on wife's H1.what should be my answer for my spouse n kids visa status asked during visit to US consulate.

2.Since my spouse has valid I-94 on L2 entry,also un used H1B which she got during stay here in US is she legal to stay in US even if i as primary L1 stay in india for 2 months or so (before i plan to come on H1).Also same case with kid who has been added as H4 on my spouse H1b, is kid also legal to stay even though primary L1 is outside US.


Thanks,
Basav
 
#22
EAD/H4 question

Hello Rajiv,

Not sure if its too late to submit questions for tomorrow's call, but I had a question regarding my immigration status.

I am currently on H1B and my wife is on H4, but I have received my EAD whereas I have yet to apply for my wife's I-140/EAD/485, you see I got married after I had applied for my GC and my priority date is not current.

With above circumstance, Can I switch from H1B to EAD and join another company on EAD, whereas my wife stays on H4? Is this possible and If so can I apply for her H4 extension and then when my priority date is current apply for her GC?

I would really appreciate your respnse. Thanks in advance.

Cheers
 
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