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L1 to H1 COS dependent travel

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  • L1 to H1 COS dependent travel

    My company X has filed for L1 to H1 COS on 8/3/11. They have done L2 to H4 COS for my wife simultaneously with my filing. My wife needs to travel to India in the third week of November 2011.

    Can she travel even if the approval notice does not come by that time ? What are the repercussions of her travel in this scenario ?

  • #2
    She can travel. If the approval comes with a new I-94, then you will have to return it to CBP by mail stating that the person is no longer in U.S (With proper supporting documents).
    Returning an Uncollected Form I-94 Back to U.S. Customs and Border Protection

    Your wife will need to get the H4 stamped and return back in H4 visa. She will need your H1B petition for her H4 stamping.
    Not a legal advice. Use of this information is strictly at your own risk.