Hi,
Both of us are on L1B and L2B visa, which is valid till 31st October 2015. We will be travelling to India on 9th October 2015. My H1B is picked and I got RFE. Keeping in mind that I have less time for all this process, my manager approved it to convert into premium process.
I have already forwarded required documents to attorney, in response to RFE and they are preparing it. Now problem is, attorney files my wife's H4B separately, so her case will not be considered as premium and not bound to be replied in 15 days as usual. They file her H4B on 8/17. Since my case is premium, I can be approved before 9th October, but she may not. In this case, I can come back on 13th November, but she will not be able back.
I spoke to attorney and they replied - " We will discuss with your company's internal legal team, alternate measures to have the H-4 COS processed as quickly as the H-1B Cap petition.
Please note that in the event that your wife’s H-4 application is still in process on October 9 when you plan to travel, by leaving the U.S. your wife will have abandoned the Change of Status request. The only way after that date to re-enter the US would be for her to apply for the H-4 visa at a U.S consulate using your H-1B Cap approval notice (assuming we have the approval decision by that date)."
Is there any alternate, she can travel back with me on 13th November ?
Regards
Both of us are on L1B and L2B visa, which is valid till 31st October 2015. We will be travelling to India on 9th October 2015. My H1B is picked and I got RFE. Keeping in mind that I have less time for all this process, my manager approved it to convert into premium process.
I have already forwarded required documents to attorney, in response to RFE and they are preparing it. Now problem is, attorney files my wife's H4B separately, so her case will not be considered as premium and not bound to be replied in 15 days as usual. They file her H4B on 8/17. Since my case is premium, I can be approved before 9th October, but she may not. In this case, I can come back on 13th November, but she will not be able back.
I spoke to attorney and they replied - " We will discuss with your company's internal legal team, alternate measures to have the H-4 COS processed as quickly as the H-1B Cap petition.
Please note that in the event that your wife’s H-4 application is still in process on October 9 when you plan to travel, by leaving the U.S. your wife will have abandoned the Change of Status request. The only way after that date to re-enter the US would be for her to apply for the H-4 visa at a U.S consulate using your H-1B Cap approval notice (assuming we have the approval decision by that date)."
Is there any alternate, she can travel back with me on 13th November ?
Regards
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