L1 to H1B - Puzzeld !! - Please help

[wildrancher]

Hi,

I am currently on L1B visa(in US) and wife on L2. Both our visas's have expired.
In Apr-2006, I applied for H1B for me and H4 for my wife.
My wife left for vacation to India in Jun-2006 and is in India now.
Now my H1B got approved and her H4 got rejected since she left US while the status change was getting processed.
Now, she has an appointment at US consulate in India in mid Sep for visa stamping on L2 category.

My questions:

- Will this denial have any effect on her visa stamping?
- My H1B takes effect from Oct 1st - Do I have to mandatorily shift to H1B company by Oct 1st?

What is the best thing to do in this situation?

Thanks in advance.

- Sundar.

 

[SetMax]

Hi,

I am currently on L1B visa(in US) and wife on L2. Both our visas's have expired.
In Apr-2006, I applied for H1B for me and H4 for my wife.
My wife left for vacation to India in Jun-2006 and is in India now.
Now my H1B got approved and her H4 got rejected since she left US while the status change was getting processed.
Now, she has an appointment at US consulate in India in mid Sep for visa stamping on L2 category.

My questions:

- Will this denial have any effect on her visa stamping?
- My H1B takes effect from Oct 1st - Do I have to mandatorily shift to H1B company by Oct 1st?

What is the best thing to do in this situation?

Thanks in advance.

- Sundar.

- Will this denial have any effect on her visa stamping?

No... provided your L1B is not revoked

- My H1B takes effect from Oct 1st - Do I have to mandatorily shift to H1B company by Oct 1st?

No... provided L1b is not revoked, you can work on it (check the timeframe with lawyer)

What is the best thing to do in this situation?

Let her go for stamping on L2 and apply for H4 once she is here

 

[GotPR?]

- Will this denial have any effect on her visa stamping?

No. It is pretty common case.

- My H1B takes effect from Oct 1st - Do I have to mandatorily shift to H1B company by Oct 1st?

You MUST work for H1 employer after Oct 1 unless you change back to L1 status or you reenter the US with L1 stamp.

 

[wildrancher]

Thanks for the replies. Here is an update from my side.

My wife recently attended interview in New Delhi(We are originally from south but you can take the interview in any consulate if you are already residing in US and going on vacation to India) and she got the L2 visa stamping without any issues. The consular officer asked just 2 question - Is your husband still in US? and How long have you been staying in US?

Hope this will help someone in similar situation. Thanks !