H4 to L1

[chintu]

I have H1 and my wife has a H4 and presently working with MNC ,India
Her present employer has filed for L1 and got her approved .She has an
appointmnet in the month of Apr with Consulate.Can someone clarify if
she

1.gets L1 visa stamped on her passport ,what will happen to her H4?She
has 2 visas now .
2.How should one know, On what visa she will be entering US ?
3.She has plans of entering on L1 then after entering US,will she lose
her H4 status?
4.Once if her L1 visa expires can she make use of H4.

Pls clarify
Thanks in Advance.
Tiger786

[Nishant]

There is nothing like having two types of visa at same time. A person can have only one valid status at any time.

Last approved status supercedes previous actions. If she gets L1 from H4 then that will be her status.

If you continue to be on H1, she can apply and get H4 after L1 if needed.

Please note that period of H & L are counted together. Max period for H visa is 6 years. For L visa, it is 5 years for L1B and 7 years for L1A.

[veena_swsh]

Hi,
When her L1 visa is being issued, the consulate will cancel her H4 stamping. She will enter US on a L1 visa. If later she chooses not to work on L1, she has to file for change of status from L1 to H4.

[chintu]

Thanks for the reply.

I do not know how far this holds good.

You said after stamping L1 the consulate will cancel H4.
But it is not necessary that she will be travelling to US on L1 ? right.
She may even change her mind and go on H4. IT is only at th eport of entry that she has to convince the Immigration officer on what status she will be.
pls read the mail form one of the newsgroups.Let me know how far this is true.

-----------
1) They should leave the H4 visa intact
2) She needs to be sure that the officer admits her in the proper
classication at the port of entry. She shouldn't leave the airport
inspection area without making certain her I-94 says L1.
3) If admitted as an H4, she will not be an H4. She's not an H4
right now because she's not in the US. She currently has a
permit(visa) to seek entry as an H4. You can only be admitted
in one nonimmigrant classification at a time. She will be no
longer be an H4.
4) She'd have to change status to an H4 if she stops working as an L1,
her job title/description/employer changes. Going back to an H4
requires paperwork and approval from immigration. She change back
to an H4 by mail, or by departing the country and coming back with a
valid H4 visa and evidence of your H1 status/petition.

[veena_swsh]

Hi,
If she intends to work in US, then she she shoould enter on a L1. If not, on a H4. But in all probabilities, when one goes for a L1 visa, the previous H4 will be cancelled, as a H4 holder is strictly prohibited from working while in US. I have not come across any case where one has to actually explain at the POE the choice of L1 over H4 or vice versa. It will be good if those experience can give their inputs.

[chintu]

how far this is true ?
This is from google newsgroup misc.immigration.usa




tiger786 wrote:
> I have H1 and my wife has a H4 and presently working with MNC ,India
> Her present employer has filed for L1 and got her approved .She has an
> appointmnet in the month of Apr with Consulate.Can someone clarify if
> she

> 1.gets L1 visa stamped on her passport ,what will happen to her H4?She
> has 2 visas now .



Nothing, unless the consulate decides to cancel the H-4 (which would be
rare). It is perfectly legitimate to have two different visas in your
passport at the same time (but you have to decide at the airport which of
the two you are going to use).


> 2.How should one know, On what visa she will be entering US ?


She will tell the officer at the airport.


> 3.She has plans of entering on L1 then after entering US,will she lose
> her H4 status?


She won't "lose" H-4 status, because she doesn't have any status at all
until she arrives in the USA. Her H-4 visa remains valid. If she had been
in the USA in H-4 status before, she lost her H-4 status when she stepped
onto the airplane.


> 4.Once if her L1 visa expires can she make use of H4.


Assuming that you are still an H-1B at that time, and that her H-4 visa is
still valid, yes. She would have to leave the USA (a trip to Canada or
Mexico is enough) and return in order to change to H-4 status.

Of course, she could also apply for a change of status to H-4 without
leaving the USA. This is possible whether or not she has an H-4 visa in her
passport.


- --