Immigration Issues/L2 to H4

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Question
Hi Ajay,

I am currently on L1 through company A and company B has applied for my H1 & COS which has gone into RFE for the past 1 month. My family is in India & now I want to bring them on L2 as I cannot wait for long.  My questions are
1. Will there be any issues at the Port of entry due to my H1 petition in RFE?
2. Will there be any issue once they come on L2 & by that time my H1 COS is approved  ?  I understand they will loose L2 status but I can immediately apply for their COS for H4 . Will there be any issue for applying for their COS?


I would greatly appreciate if you can provide your valuable thoughts. Please advice


Thanks ®ards
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Answer
Hi,

Your family will have no problem in entering the U.S. on L2 visa status, unless your H1B petition is approved by the USCIS granting you change of status to H1B prior to your family's entry to the U.S.

Upon entry to the U.S., your family should file application to change status to H4 prior to approval of H1B petition. Once your H1B petition is approved granting you change of status to H1B, it is too late for your family to file for change of status to H4 within the U.S. (unless your family has already filed application to change status from L2 to H4) as they will immediately lose their L2 status when your H1B petition is approved.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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