Applying for H4 visa after 7 years of stay in L1 A

[aswinkumarr]

Hi,
I have seen a lot of threads related to Visa in this forum and glad that somebody is able to answer most of them.
My scenario is that i am in US on L1 A visa since 2007 July, and my 7 years stay would end on July 2014. My wife has applied for H1 visa through her company, and if she gets selected on H1 and come on this October, can she still apply for H4 visa for me. Will i be able to come on H4 visa.
Because i heard that after completing 7 years on L1, i need to stay out of US for 1 full year. However, i would be coming on H4.
Your response would be greatly appreciated.

Thanks and Regards,
AKS

[raghvi]

Hi,
I have seen a lot of threads related to Visa in this forum and glad that somebody is able to answer most of them.
My scenario is that i am in US on L1 A visa since 2007 July, and my 7 years stay would end on July 2014. My wife has applied for H1 visa through her company, and if she gets selected on H1 and come on this October, can she still apply for H4 visa for me. Will i be able to come on H4 visa.
Because i heard that after completing 7 years on L1, i need to stay out of US for 1 full year. However, i would be coming on H4.
Your response would be greatly appreciated.

Thanks and Regards,
AKS

You do realize that both of you would have to depart US in July 2014 and go for H1, H4 stamping.

You can surely come back in H4 if your spouse's H1 is approved. The One year stay outside stay is required if you want a fresh H1/L1 for yourself in order to work as you cannot work on H4

This is my opinion not legal advice.

[aswinkumarr]

You do realize that both of you would have to depart US in July 2014 and go for H1, H4 stamping.

You can surely come back in H4 if your spouse's H1 is approved. The One year stay outside stay is required if you want a fresh H1/L1 for yourself in order to work as you cannot work on H4

This is my opinion not legal advice.

Thanks a lot, that answers my question. So if i get stamped for H4 and come to US in October 2014, as per your above reply i cannot apply for H1 in next year becuase i did not go out of US. Right?

[raghvi]

Though you would have gone out of US, but as you would not have spent 1 Full Year outside US you wouldnt be eligible for fresh H1 or L1.

If you wanted to apply in April 2015 you should have left US on or before March 31st 2014 so that on April 1st 2015 you would have completed 1 Full Year outside US. Now its difficult to say whether H1 Cap would still be open in April 2015 but if last year and this years trend continues, the cap will get filled again in First week of April 2015 and then you would have to wait till April 2016.

Further, if there are immigration reforms between now and next year then situation could change.

7 years over , hasn't your GC been initiated?

This is my opinion not legal advice.