Traveling to India during L2 to H4 transfer

[sridharsa]

Hi,
I am on a L1 here and my family (wife and kid) are on L2. L1 visa is valid till April next year. I am moving to H1 and they are being moved to H4. This petition is still pending with USCIS and expected approval in the next 2 months.

In the situation, my wife needs to go to India for medical reasons. My questions are:
- Does my wife (and kid) need to apply for a new visa when coming back?
- Does that new visa req hold good only if my status change happens before she comes back or is a new visa required even otherwise?
- What are the risk factors in getting the new visa? We have a very clean record and never been out of status before.

Thanks in advance.
SS

 

[ginnu]

Hi,
I am on a L1 here and my family (wife and kid) are on L2. L1 visa is valid till April next year. I am moving to H1 and they are being moved to H4. This petition is still pending with USCIS and expected approval in the next 2 months.

In the situation, my wife needs to go to India for medical reasons. My questions are:
- Does my wife (and kid) need to apply for a new visa when coming back?
----------------- yes if your H1 is approved, they need to get H4 visa stamp based on your H1 approval notice so that they can enter on H4 status.