L2 to H4 and now stamping

[samirsheth]

Hi

I had L1 visa which we converted to H1 visa here in US for me and H4 for my wife... So our H1 and H4 status is on paper i797 and i94. however the visa sticker on passport for L2 got expired on aug 10th 2013 for both of us but have valid H1 and H4 status. in sept my wife travelled to india and now requires H4 stamp. on DS160 there is question "Previous U.S. Visas" should she be entering the L2 Visa which was stamped or H4 status she was last on ? if H4 then should that be the start date of the h4 i-94 she received . if L2 wont they think she overstayed as we are not mentioned anything about the H4 status she had. please advise.

[Nattybone]

Hi

I had L1 visa which we converted to H1 visa here in US for me and H4 for my wife... So our H1 and H4 status is on paper i797 and i94. however the visa sticker on passport for L2 got expired on aug 10th 2013 for both of us but have valid H1 and H4 status. in sept my wife travelled to india and now requires H4 stamp. on DS160 there is question "Previous U.S. Visas" should she be entering the L2 Visa which was stamped or H4 status she was last on ? if H4 then should that be the start date of the h4 i-94 she received . if L2 wont they think she overstayed as we are not mentioned anything about the H4 status she had. please advise.

Hello, Samir.

I am not sure, but i have a query. Isn't visa the sticker which is stamped on the passport and your I797 related change in US a status? So, while you and your wife are H1 and H4 status, you do not have H1 and H4 visas. So, should the previous visa not be L2 for your wife and L1 for you?

I am not sure, but also everything gets captured in their system. You might have to explain but they will not unfairly consider you as someone who overstayed.

Personal opinion.

Cheers,