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I had L1B to H1B change of status while in USA.. any issue with H1B and H4 stamping in India ?
Anonymous3 views3 answers
I entered in USA on L1B in Nov 2009. My L1 is being converted to H1 (Change of Status) in Dec 2011 last year, and my spouse's L2 status changed to H4.
My spouse is visiting to India this month along with our infant kid who born here in US in June 2012. Once I get my H1 Extension approved I am planing to send my wife for H4 stamping before I travel to India. This will help me to prepare for any RFE for my stamping.
My question is...
1) Is it possible for H4 getting stamped first time without H1 being stamped?
2) Is it a good idea to send her for stamping alone and then (next month) I go for H1 stamping ? Or both of us should go together ?
3) My previous L1 employer didnt gave me termination//departure letter. Will that be an issue ?
Any help will be greatly appreciated.
Do not send her to India at this point. I will recommend you make sure the h1b is approved before taking any further step. INA 221g is holding a lot of people in similar situations. We are in fact not recommending anybody to travel for stamping. You can check some of our articles and 'horror' stories on htt://immigrationlegalblog.com and on youtube.com.- just by typing ina 221g. I will also recommend you talk to your attorney or an independent attorney to assess your case fully before leaving. Our law firm in the Bay Area CA has handled many similar cases.
Good Luck
