L2 to H1B 2008

[sraagavan]

Hi All,

I would really appreciate and thank you if you understand my situation and provide me a best suggestion.

Situation:

My Wife is in L1 Visa Valid through May 2009. I am in L2 Visa valid through May 2009. I am currently working on L2 with EAD and I have never been out of status.

I have Applied for H1B 2008 through one employer and have it approved as Change of Status starting Oct 1st 2008.

I was planning to switch from my current job to the new employer on Oct 1st.

Yesterday my wife received communication that her current project is ending by September 20th 2008 and she need to travel back to India on the same weekend.

In that case, Legally I need to travel back to India before her or with her.

I Wish :

1. I don't wish go to India now.

2. I want to get the stampping done either at mexico or at canada.

3. I want my wife to go to India and resign her job in India and come and join me in H4.

Questions:

1. What is the best way to stay legal and still fulfill my wishes listed above.

2. Can I go to mexico or Canada on 19th September and get stampped there and kill my time until 30th September and return to USA with H1B visa on Oct 1st ? If so, Please explain how to do that.

[txh1b]

Hi All,

1. What is the best way to stay legal and still fulfill my wishes listed above.

2. Can I go to mexico or Canada on 19th September and get stampped there and kill my time until 30th September and return to USA with H1B visa on Oct 1st ? If so, Please explain how to do that.

1. Get a stamping from a third country for you and your wife (H1 and H4).

2. You are allowed to enter 10 days before the start date of your H1b. So you need not wait there but return immediately after stamping and your wife can resign immediately and should not work after entry on H4.

[sraagavan]

Many Thanks

Thanks for your suggestion. I will touch base with my employer and this forum to get the necessary paper work and Visa Appoitnment.