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Staying in USA with family on L1/L2 valid i94, mine 2013H1B Approved,can i submit H4?

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  • Staying in USA with family on L1/L2 valid i94, mine 2013H1B Approved,can i submit H4?

    Hi ,

    I am currently in USA with my Family on L1B/L2 valid I94 only [Visas expired].
    My H1 Approved , valid from 1st Oct 2013 to 31ts Dec 2015.

    1. now can i apply for H4 for my family ?
    2. how much time will take for H4 approvals
    3. can i go India after Applying & Before Approving h4 ?
    4. will there be any issues while VISA stamping in India ?

    Planning to go India in late July or early Aug .

    Your help is appreciated,

    Thanks
    ABReddy

  • #2
    Originally posted by krusaccount View Post
    Hi ,

    I am currently in USA with my Family on L1B/L2 valid I94 only [Visas expired].
    My H1 Approved , valid from 1st Oct 2013 to 31ts Dec 2015.

    1. now can i apply for H4 for my family ?
    2. how much time will take for H4 approvals
    3. can i go India after Applying & Before Approving h4 ?
    4. will there be any issues while VISA stamping in India ?

    Planning to go India in late July or early Aug .

    Your help is appreciated,

    Thanks
    ABReddy
    If you are planning to leave US then no point applying a COS to H4 now as anyhow you will have to get H1 stamping and dependents H4 stamping done in order to re enter US.
    Also, I hope you do know thta if you leave in July/August, you and your dependents cannot enter US before Sep 20th as the H1 start date is only from 01-OCt 2013.
    As for issues with stamping, no one can predict, if you have all the employer related and client related documentations and there are nto many layers between you and the end client you do have a good chane of approval.

    This is my opinion not legal advice.

    Comment


    • #3
      Thank you so much your replay raghvi.

      as i dont have valid L1B Visa, i ahve only i94... "cannot enter US before Sep 20th " means so how its possible to enter USA after Sep20 and before Oct 1st.

      1. since i have approved H1B [and assuming my Family's H4 also approved]... we can enter after sep 20 ?
      2. or I can attend interview before Sep20 also, if got stamped then .we can enter ?
      3. how many days prior to oct 1st ,we can attend Interview if we have valid H1B/H4 Petetion ?

      Please clarify me,

      Thanks a lot.
      ABReddy

      Comment


      • #4
        Originally posted by krusaccount View Post
        Thank you so much your replay raghvi.

        as i dont have valid L1B Visa, i ahve only i94... "cannot enter US before Sep 20th " means so how its possible to enter USA after Sep20 and before Oct 1st.

        1. since i have approved H1B [and assuming my Family's H4 also approved]... we can enter after sep 20 ?
        2. or I can attend interview before Sep20 also, if got stamped then .we can enter ?
        3. how many days prior to oct 1st ,we can attend Interview if we have valid H1B/H4 Petetion ?

        Please clarify me,

        Thanks a lot.
        ABReddy
        It is acceptable to enter US upto 10 Days before H1 start date. But payroll can start only from 01-Oct-2013.
        1. If your visas are approved, then you can enter upto 10 days before h1 petition start date but your payroll has to start only from 01-Oct-2013.
        2. You can attend interview 90 days before petition start date so if 01-Oct-2013 is the start date you can attend interview anytime from now onwards. Start early as many folks will be doing so in near future and slots will get quickly filled.
        3. 90 Days as mentioned above.

        This is my opinion not legal advice.

        Comment

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