H1 stamping for self at chennai leaving dependents in USA

[basav]

Hi,

I am currently on L1B in US with my spouse and kid who are on L2.
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. Can i get stamping for myself at chennai leaving dependents in US who could be made H4 from L2 after i arrive in US.is it possible?

2. What documents i need to carry for stamping in chennai? if there is a question on dependents on there "current visa status" during my US consulate visit, what should be my answer ? Since as a primary L1 i will be in India trying to get H1 with dependents in US on L2.

Thanks,
Basav

 

[snugjoint]

1. No. I'm assuming your H-1B start date is Oct. 1, and your family have not yet applied for a change of status fro L-2 to H-4. If that is a case, your family will go out of status starting tomorrow. If your H-1B petition also requested a change of status, file change of status for your family today. If not, take your family with you to India because they need to apply for their H-4 visa.

2. Your family won't be able to change status after you come back to the U.S. on your new H-1B visa, because the moment you go outside the U.S. your family will go out of status. To file a change of status application you need to maintain valid status at the time you file the application. Your family can go outside the U.S. and apply for H-4 visa, but it's best that they file with you.