COS from L1 to H1. India travel

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HI,

I need urgent help. I was in USA for 3 years on L-1 visa and my Wife/Son on L-2. My company applied for H1/H4 visa in April. Due to urgency we had to travel in India on 11th August. Our H-1 COS petition and H-4 got approved on 13th August.

Currently we are in India. -
- Would there be any issue in H1/H4 stamping?
- What should i need to do with my Wife/Son's H4 and I-94?

Any help in this regard will be highly appreciated.

Thanks.

[raghvi]

HI,

I need urgent help. I was in USA for 3 years on L-1 visa and my Wife/Son on L-2. My company applied for H1/H4 visa in April. Due to urgency we had to travel in India on 11th August. Our H-1 COS petition and H-4 got approved on 13th August.

Currently we are in India. -
- Would there be any issue in H1/H4 stamping?
- What should i need to do with my Wife/Son's H4 and I-94?

Any help in this regard will be highly appreciated.

Thanks.

Didnt you all leave US and returned the I-94 at the exit port?
Why you can attend H1 interview along with your spouse and son for their H4?

You can go ahead with your approved H1 petition and book H1 and H4 appointments and attend the interview at the consulate in India.

This is my opinion not legal advice.

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Thanks Raghvi

Thanks Raghvi. We did returned our I-94 of L1 but we received H-1 petition and I-94 for H-4. Still should we go ahead for H-1/H-4 interview and ignore H-4 I94?

Thanks again for your help.

Didnt you all leave US and returned the I-94 at the exit port?
Why you can attend H1 interview along with your spouse and son for their H4?

You can go ahead with your approved H1 petition and book H1 and H4 appointments and attend the interview at the consulate in India.

This is my opinion not legal advice.

[raghvi]

Thanks Raghvi. We did returned our I-94 of L1 but we received H-1 petition and I-94 for H-4. Still should we go ahead for H-1/H-4 interview and ignore H-4 I94?

Thanks again for your help.

I-94 is irrelevant once you are outside US.

You and your dependents would need a valid visa to enter US. For you to work with H1 employer in US you would first need to enter US, in order to enter US you would need a valid H1 or L1 for you and H4 or L2 for your dependents. In order to get a H1/H4 in your passports you have to attend the interview as I am assuming you don't have valid H1/H4 stamped in your passports.

On the other hand, if you already have a valid L1 in the passport and your dependents have valid L2 in passport then you can use that to enter US and work for the L1 employer.

This is my opinion not legal advice.