Will I be eligible for Interview waiver for H4 visa when I already have a valid L1B?

[sudarshan.srivathsav]

I am currently in a L1B visa in USA which is valid until April 13th 2013. But I am planning to resign my current company and planning to come back to US in H4 visa. I am planning
to travel to India around march 1st and would like to apply for the H4 visa since my wife is working in US with a valid H1B petition , these are my below questions, your earliest answer
is really appreciated..

1) Will I be eligible for Visa Interview Waiver , since I already have a valid L1B visa which was issued in India from the same consulate, and applying only for my H4 visa.
2) I would not have resigned the company at the time when I am applying for the H4 visa, I am ok for the VO to cancel my L1, but I dont want my H4 to be denied at any cost.


Please advise as soon as possible..

[raghvi]

I am currently in a L1B visa in USA which is valid until April 13th 2013. But I am planning to resign my current company and planning to come back to US in H4 visa. I am planning
to travel to India around march 1st and would like to apply for the H4 visa since my wife is working in US with a valid H1B petition , these are my below questions, your earliest answer
is really appreciated..

1) Will I be eligible for Visa Interview Waiver , since I already have a valid L1B visa which was issued in India from the same consulate, and applying only for my H4 visa.
2) I would not have resigned the company at the time when I am applying for the H4 visa, I am ok for the VO to cancel my L1, but I dont want my H4 to be denied at any cost.


Please advise as soon as possible..

1. No you are not eligible for visa interview waiver. One of the condition is "have a previous U.S. visa in the same class as the visa for which I wish to renew" L1 and H4 are not the same class.
2. If your spouse has been maintaining valid H1 status and you haven't violated any legal rules I dont see any reason why H4 should be denied. But its all in the hands of the VO taking your interview.


This is my opinion not legal advice.