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AshaAshwin · Aug 5, 2009, 03:19 AM

I am a L1 visa holder. My husband is at California for a company. He has a H1B visa. I would like to join him at California. Since there is no onsite opportunity for me right now from my company.
I would like to know one thing whether my H4 visa can be processed without my L1 getting cancelled. I just want a change of status.

Thanks in advance. You will be helping a wife longing to join her husband.

DCcityboy · Aug 5, 2009, 09:00 AM

You can generally only be in one status at a time while in the US. You are asking if you can get a COS to H-4? If your husband is an H-1B,the answer is yes. The COS does not affect your L-1 approval. Of course, as an H-4, you cannot work as an L-1.

Not enough information to provide you a better response.

AshaAshwin · Aug 6, 2009, 01:23 AM

First of all Thanks a lot for your response. I really appreciate it.

My husband is working at California. He has a H1B visa. I would like to join him at California. I am a L1 visa holder. But there is no opportunity for me right now to work at California. I would like to know whether my H4 can be processed without my L1 getting cancelled. I just want a change of status from L1 to H4. Later on if the company can find me work at onsite, I would like to change my status from H4 to L1.

I heard from my colleagues that H4 can be processed but cancelling of the existing L1 visa will be upon the discretion of the US Consulate. Is it in the immigration law of US that specifies that one person can have L1 and H4 at the same time. I hope you get my point.

Thanks once again in advance

Asha

DCcityboy · Aug 6, 2009, 09:50 AM

You are eligible for the COS. The visa cancellation is discretionary, but likely, if the officer asks and you explain as you did here, that there is no L work for you.

AMCON can determine that the visa is no longer valid, and can not be kept, if there is no position in the US.

AshaAshwin · Aug 10, 2009, 05:17 AM

Originally Posted by DCcityboy

you are eligible for the COS. the visa cancellation is discretionary, but likely, if the officer asks and you explain as you did here, that there is no L work for you.

AMCON can determine that the visa is no longer valid, and can not be kept, if there is no position in the US.

Thank you for your response once again.

Could you please tell me what my justification can be to get H4 without my L1 getting cancelled.

Asha

DCcityboy · Aug 10, 2009, 07:21 AM

Possibly a short, scheduled LOA with the L-1 petitioner that still falls within the timeframe of the visa validity.

AshaAshwin · Aug 10, 2009, 11:38 AM

Originally Posted by DCcityboy

possibly a short, scheduled LOA with the L-1 petitioner that still falls within the timeframe of the visa validity.

Hii there,

Thanks a lot once again.
Just a couple of questions more and I am gone.

1) if I say that my L work will start after a 6 months then will my H4 be only for 6 months?

2) what is the general trend now. Has there been a lot of cancellation recently

Regards
Asha

DCcityboy · Aug 10, 2009, 12:57 PM

Possibly, be sure to bring a letter confirming the L start date. The trends are consular-specific. Best to check with an attorney that is familiar with that post or better yet, works the post.

AshaAshwin · Aug 11, 2009, 03:11 AM

Thanks a lot!! I really appreciate your help and your response.

I shall post about the result and as to what happened after I go for the H4 interview in this same thread.

Once again... thanks very much! :)

Asha

DCcityboy · Aug 11, 2009, 09:42 AM

Originally Posted by AshaAshwin

Thanks a lot!!! I really appreciate your help and your response.

I shall post about the result and as to what happened after i go for the H4 interview in this same thread.

Once again ....thanks very much! :)

Asha

Thanks, good luck! :)

general07 · May 16, 2010, 11:07 PM

Originally Posted by AshaAshwin

Thanks a lot!!! I really appreciate your help and your response.

I shall post about the result and as to what happened after i go for the H4 interview in this same thread.

Once again ....thanks very much! :)

Asha

Hi Asha,
I have similar problem. I hold L1 from my company but my company has not been able to find project for me.
Can I apply for H4 to join my husabnd who is currently in US? If yeas, will me L1 get cancelled. My company may able to find the project 4 months down the line.
Please reaply ASAP as it is v urgent. Thanks a lot for your help

budha134 · Sep 16, 2010, 09:49 PM

Hi AshaAswin,
My wife is also in similar situation. She has an L1 but doesn't have an onsite opportunity now. She wants to join me in US but fears that her L1 may get cancelled. Did you go for the interview? Can you please let me know the details?

Thanks and appreciate your response.

Sudhanshu

salvi.ash · Oct 3, 2010, 11:04 PM

Hi Asha,

Did you get the H4 stamping with L1?
Please let me know your experience.

Regards,
Ashish Salvi

Nojib · Jan 24, 2011, 03:44 AM

Hi Asha or Anyone else with the similar question or scenario.
Please guide us if you could manage an H4 keeping your L1 intact and not cancelled.

NYcityboy · Jan 24, 2011, 06:50 AM

Originally Posted by Nojib

Hi Asha or Anyone else with the similar question or scenario.
Please guide us if you could manage an H4 keeping your L1 intact and not cancelled.

If you have a question, post it as a question; and not as a response to this year old thread. There are many on this forum that are willing to answer if you post a question. :)

aaro0o0o0o · Apr 23, 2012, 11:20 PM

Hi Asha,

I know it was a long time back. But what was the result from the consulate? Did you get your H4 without getting your L1 cancelled.

I have a reverse question here. I would like to apply for a H4 and my company has not yet applied for a L1. They are planning to. (In process)

Will my L1 application still go through after I get my H4? i.e. will there be any issues in getting my L1 after I get my H4?

How did you manage? Kindly share your experience. Thanks.

Best Regards,
Apoorva