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L2 to H4 conversion doubts

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  • L2 to H4 conversion doubts

    hi

    I got my H1 approved and its effective from 1-oct-2012. My wife and kids travelled from india in april and they have to return to India for a marriage on july 15. I am thinking of applying COS to H4 for them.

    In the circumsatances, please help me on my doubts,

    1. Is it alright if i apply for COS to H4 for my family and if it got approved before july 15 and then they travel to india .

    2. If they r returning again to US after oct is it enough for them to get stamping for H4 in India and enter US.

    3. Also if i my family got the COS to H4 approved in US ,will it get cancelled as soon as they leave for india and once again i have to apply for the same in India for them newly, if they want to return to US in oct ober.

    3. Or is it better my family return to India as planned in july without applying for COS here in US and apply for H4 in india get the H4 visa stamped and then return to US.

  • #2
    Originally posted by elababu View Post
    hi

    I got my H1 approved and its effective from 1-oct-2012. My wife and kids travelled from india in april and they have to return to India for a marriage on july 15. I am thinking of applying COS to H4 for them.

    In the circumsatances, please help me on my doubts,

    1. Is it alright if i apply for COS to H4 for my family and if it got approved before july 15 and then they travel to india .
    There is no need to do that if they are returning in L2 status in July.
    2. If they r returning again to US after oct is it enough for them to get stamping for H4 in India and enter US.
    They can enter in H4 status on or after OCt 1 only.

    3. Also if i my family got the COS to H4 approved in US ,will it get cancelled as soon as they leave for india and once again i have to apply for the same in India for them newly, if they want to return to US in oct ober.

    3. Or is it better my family return to India as planned in july without applying for COS here in US and apply for H4 in india get the H4 visa stamped and then return to US.
    They should travel and return in L2 status before Oct 1. I assume their L2 Visas are valid until then. After they return, any time before Oct 1, they should apply for change of status to H4. Applying for change of status before travel is useless.
    This is my opinion and not legal advice.

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