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Question

I am currently in USA on L1 visa for which stamping is expired in Nov 2017 and my I-94 is valid till July 2020. My wife visa and I-94 both are valid till July 2020. Now I have got an approved H1 B petition valid from 10/01/2018 to 9/01/2021 with consular processing. I need to go for stamping but My spouse cannot join me for stamping due to personal reason. Will she become out of status when I go for stamping and get Visa as she is on L2 is dependent on my L1 and after stamping of H1 L1 will become invalid.? Can I file Change of status for her as she cannot come with me for stamping after coming back to USA ? or I have to file before I leave USA for stamping ?

User's Location: San Ramon, California, United States of America

Category: H1B Visa (Work Visa)