You should not be asking these questions of strange lawyers ... who don't have access to your file.
Talk to the company's immigration lawyer, not a non-attorney in HR. His/her job is to help you obtain documents that they can take into the US Consul.
BE WARNED ... your position needs to be 'secure' and that of being a 'real' employee. If you are in a employer-client consulting position, it might make sense for them to not travel to India.
The US Consul is looking at these 'employer-employee' relationships with a microscope now days ... holding up visas in 'administrative processing.' Talk to your company's lawyer about this.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Yes. You will apply for extension of their status or if they are abroad apply for L-2.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.
Yes, if you are still working for the employer
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.