Primary applicant is changing visa status from L1B to H1B. Dependent applicant has to travel India before he L2 i94

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Customer: Second opinion] Primary applicant is changing visa status from L1B to H1B.
Dependent applicant has to travel India before he L2 i94 expires.Questions:
1) for dependent applicant should we file L to H4 COS while she is in USA ?
After filing COS, can she travel to India ?
will travelling abroad, abandon thepending H4 application ?2) Instead of filing L2 to H4 COS. Should we directly file H4 DS-160 form once she is in India after her L2 i94 expires.Note: dependent applicant also has one H1B petition pending currently with USCIS.
Answered by Judith Ludwic in 10 hours 2 years ago
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Judith Ludwic
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Anyone checking on this ?
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Judith Ludwic, Expert

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Apologies for the delay, please give me a moment to answer.

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Judith Ludwic, Expert

Welcome to JustAnswer! I have 39 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

[Second opinion] Primary applicant is changing visa status from L1B to H1B.
Dependent applicant has to travel India before he L2 i94 expires.

Questions:
1) for dependent applicant should we file L to H4 COS while she is in USA ?

If applicant is going to depart before approval in several months it doesn't make sense to file. She abandons it with departure. Even if it was approved she would still need to apply for H4 visa stamp.
After filing COS, can she travel to India ?

The pending COS does her no good.
will travelling abroad, abandon thepending H4 application ?
Yes
2) Instead of filing L2 to H4 COS. Should we directly file H4 DS-160 form once she is in India after her L2 i94 expires.

Yes

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

Customer
More details:L1B , L2 , L2 EAD is currently scheduled to be expired at 19-SEP.My employer is filing my L1B to H1B COS this week.My wife (currently on L2) has to travel back to India on 15th SEP. So as per your reply, i should ask my employer to not file my wife's H4 visa as of now. correct ?Once she reach India and i have my H1B approval notice. My wife can fill DS-160 form to apply H4 visa by herself. correct ?Can she apply for emergency interview at US consulate in India ?Also note that my wife also has pending H1B petition which is currently issued RFE. ( Was filed as L2 to H1B COS )..
So when she applies her H4 visa...that will not impact her pending H1B, correct ?
Customer
Hi Judith,
please let me know your thoughts on above points .
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Judith Ludwic, Expert

This is far more questions than I anticipated. It would be most gracious for you to pay a bonus.

My wife (currently on L2) has to travel back to India on 15th SEP. So as per your reply, i should ask my employer to not file my wife's H4 visa as of now. correct ?
correct

Once she reach India and i have my H1B approval notice. My wife can fill DS-160 form to apply H4 visa by herself. correct ?

correct

Can she apply for emergency interview at US consulate in India ?
only if there is life/death need for the visa.
Also note that my wife also has pending H1B petition which is currently issued RFE. ( Was filed as L2 to H1B COS )..
So when she applies her H4 visa...that will not impact her pending H1B, correct ?

it should not.

Customer
Thanks Judith for your help.
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