L2 Dependent entry

[Karthik_2012]

Hi,

My wife is now in the US and her L1 visa is valid till Feb2013 and her I94 till Feb 2013. Since her L1B expires next year, her employer will be filing for H1B visa for Financial year 2013 which starts in April i guess. My question is i will be joining my wife next month(March2012) on L2 dependent visa and would like to know
1) Just because of her conversion from L1 to H1 which will be under process with USCIS be a issue during my POE? even though her L1Bvisa is valid till Feb2013.

Thanks.

[raghvi]

L2 Dependent entry

I am assuming its a fresh H1 for your spouse. If yes, her H1 can only be effective after 01-Oct-2012. You entering on L2 before that should not be any issue. Once she converts to H1 you would lose your L2 status automatically and should convert to H4 and travel on H4 This is my opinion, please do consult expert opinion too.

[Karthik_2012]

Thanks Raghvi,

Yes. Its a fresh H1 and my concern was if there would be any issues becasue of her converstion. So you mean to say that her L1 will be valid till Oct 1st ?
Also, May i know from where i could check for expert comments?
May i know what would they ask me in POE?

Karthik

[shervin143]

New H1B can be filed only on April 1st or later. There will be no issues if you enter U.S in L2 visa next month. Once you are inside U.S when the employer files the H1B petition for your spouse, ask them to file H4 for you along with the H1B petition. That way, both H1B and H4 will become effective as of Oct 1st 2012.

[Karthik_2012]

Thanks Shervin. Also, i was been told that my spouse have informed her employer that when filling the H1 they would also need to do H4 for me. In that case, will the HR be able to fwd my details only after my arrival in the US or is it fine that my spouse can give the details of mine and ask them to file it now.

[shervin143]

You need to be in U.S to file the COS from L2 to H4.

Thanks Shervin. Also, i was been told that my spouse have informed her employer that when filling the H1 they would also need to do H4 for me. In that case, will the HR be able to fwd my details only after my arrival in the US or is it fine that my spouse can give the details of mine and ask them to file it now.