L to H, do I need to take children to consulate?

[myron]

Hi,

I am in L-1 right now, and I got H-1b cap from same company this year. I want to transfer to H this year but my company would not file COS until my I-94 is about to expire. I need to go back to my home country to apply H-1b visa this Oct. I have a 7 years' old boy in elementary school, and my parents are here too.

My question is, can we (my wife and me) take my son's passport back and apply h-4 visa for him while he is in U.S. to have school?

Thanks,
myron

[raghvi]

Hi,

I am in L-1 right now, and I got H-1b cap from same company this year. I want to transfer to H this year but my company would not file COS until my I-94 is about to expire. I need to go back to my home country to apply H-1b visa this Oct. I have a 7 years' old boy in elementary school, and my parents are here too.

My question is, can we (my wife and me) take my son's passport back and apply h-4 visa for him while he is in U.S. to have school?

Thanks,
myron

No.

This is my opinion not legal advice.