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Tricky Question: H4 or L1, which VISA to use?

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  • Tricky Question: H4 or L1, which VISA to use?

    Hi all, here is a tricky question: my wife is holding a L1(blanket) visa(valid till Dec/2012), but she is currently out of U.S, I am holding H1B so she can also travel to U.S with H4, question is - if she arrive U.S at the Point of Entry with both the two Visa, which one she can use to enter U.S?

    I believe she can use only one of them, but can she use any one of them as both of them are "valid"?

    The reason I am asking this is because she actually wanted to travel back to U.S with her L1, but not sure if the L1 is still valid as her L1 extension was denied by USCIS on Dec/2011. So is that possible that she can ask the officer at the point of entry, if it is still valid, she can use L1; if not valid, she can use H4.

    Kindly please let me know, thanks.

  • #2
    First of all if she has to apply for her H4 Visa then any previous Visas may get canceled during the interview. (Sometimes they cancel, sometimes they don't).
    Secondly, if the underlying blanket petition is valid, she can use that and the L1 Visa to travel to US in L1 status.
    If she has two Visas, she has to make a choice at the port of entry and her I-94 will be issued accordingly. She has to maintain that particular status while in the US. So if it is H4 she cannot work and if it is L1she must work.
    This is my opinion and not legal advice.

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