L2 Visa

[waiting]

Gurus, I need your help here.

Here is the situation...

I'm on L1-B blanket & my wife is on L2.

Initial L1-B Blanket & L2 visa stamp - Aug 2007 till Aug 2010
Extension L1-B & L2 - I-797 + I-94 Aug 2010 till Aug 2012.

I also have H1-B approval I-797 - valid from Oct 2011 till Oct 2014. H1-B was cone as CP.

My wife needs to travel to Inida in March but I can not go due to other commitments.

She is working and would like to continue working. My PD is current as of March 2012.

Can we go to Canada to get L2 stamping till Aug 2012 and hope by then EAD will be there based on I-485.

I work for one of the Fortune 25 employer as direct employee since 2005.

Thanks in advance.

[waiting]

mesan - if you have signed a non-compete agreement w your current employer, it would be incredibly stupid to violate that. Don't even think about it. Sorry to be blunt. But its for your own benefit. Best wishes.



If you are a direct employee of fortune 25 - why can't your wife stamp in India? You think L2 will be denied?

I guess I didn't put my question correctly I'm not worried about denial but question is can L2 be stamped without L1 stamp? Hence thinking to go to canada so l1 l2 can be stamped. Also since I've h1 approved can I still get l1 stamp

[qesehmk]

Yes. I don't see any issues in only L2 stamping. My wife did it many times (twice actually) for her H4 when I was in US and didn't stamp H1 in my passport.

I guess I didn't put my question correctly I'm not worried about denial but question is can L2 be stamped without L1 stamp? Hence thinking to go to canada so l1 l2 can be stamped. Also since I've h1 approved can I still get l1 stamp

[Spectator]

Gurus, I need your help here.

Here is the situation...

I'm on L1-B blanket & my wife is on L2.

Initial L1-B Blanket & L2 visa stamp - Aug 2007 till Aug 2010
Extension L1-B & L2 - I-797 + I-94 Aug 2010 till Aug 2012.

I also have H1-B approval I-797 - valid from Oct 2011 till Oct 2014. H1-B was cone as CP.

My wife needs to travel to Inida in March but I can not go due to other commitments.

She is working and would like to continue working. My PD is current as of March 2012.

Can we go to Canada to get L2 stamping till Aug 2012 and hope by then EAD will be there based on I-485.

I work for one of the Fortune 25 employer as direct employee since 2005.

Thanks in advance.

If I have understood correctly, you have a valid H1B approval from October 2011, but have not yet changed status and are currently maintaining L1 status.

If that is the case, your wife should be able to obtain an L2 Visa and use it to gain admission to the USA, as long as you continue to maintain your L1 status.

[Kanmani]

If I have understood correctly, you have a valid H1B approval from October 2011, but have not yet changed status and are currently maintaining L1 status.

If that is the case, your wife should be able to obtain an L2 Visa and use it to gain admission to the USA, as long as you continue to maintain your L1 status.

Spec, I have a question .

In my understanding, if anyone changes the status from H4 to H1, asper the Last-Action Rule , he immediately falls under H1 even if he hasn't joined the employer and falls out of status between the period H1 start date to actual join date .

Is Last-Action Rule not applicable to L1 to H1?

[Spectator]

Spec, I have a question .

In my understanding, if anyone changes the status from H4 to H1, asper the Last-Action Rule , he immediately falls under H1 even if he hasn't joined the employer and falls out of status between the period H1 start date to actual join date .

Is Last-Action Rule not applicable to L1 to H1?

Kanmani,

It would be nice if the OP clarified the situation.

As suninphx said, it sounds like the OP has an approved H1 petition, but without an I-94 and is currently maintaining L1 status.

If the H1B approval came with an I-94, then it would have overridden the L1 as of October 2011. In this case, the wife could not be maintaining L2 or working.

Alternatively, it would have been possible to exit after October 2011 and return using the L1 visa, which would have re-established the L1 status.

I favour the simple explanation.

[waiting]

Kanmani,

It would be nice if the OP clarified the situation.

As suninphx said, it sounds like the OP has an approved H1 petition, but without an I-94 and is currently maintaining L1 status.

If the H1B approval came with an I-94, then it would have overridden the L1 as of October 2011. In this case, the wife could not be maintaining L2 or working.

Alternatively, it would have been possible to exit after October 2011 and return using the L1 visa, which would have re-established the L1 status.

I favour the simple explanation.

Apologies... Yea h1 is as councelor processing I didn't do COS so my wife can continue working.

[waiting]

My PD is 21st Jan 2010 so I'm current as of March 2012.

My wife is in India (actually on her way there as I write this) - she will probably need to be in India for 2 months atleast due to family emergency.
My L1 & her L2 expires Aut - 2012, but I do have H1-B approval as CP from same company valid till Oct - 2014.

Questions is - should I file I-485 for me now and file her when she returns hoping dates will be current then as well?

If dates are not current by then - will I be able to get H1-B stamp after filing I-485 so she can get H-4 to come back?

Any suggestions?

[nishant2200]

This is my thoughts, others are more expert on these.

You can have H1 stamp even if you have applied for I-485 and hence she can get a H4 visa. If you do not have H1 stamp, and only the I-797 approval notice, and have entered USA on L visa, and your L visa expires on August 2012, do you automatically be called as an H1 holder, or you need to leave upon L expiry and re-enter on H1, I am not sure. I am tending towards you just go to HR and ask them to put your H1 on the I-9 after your L expires.

Based on latest discussions, chances look high for retrogression to dates behind your dates sometime this year. So if your wife misses the bus, she can apply later when dates become current, utilizing the follow to join facility.

You do need advise from a lawyer for this case, just giving you some views from my side.

My PD is 21st Jan 2010 so I'm current as of March 2012.

My wife is in India (actually on her way there as I write this) - she will probably need to be in India for 2 months atleast due to family emergency.
My L1 & her L2 expires Aut - 2012, but I do have H1-B approval as CP from same company valid till Oct - 2014.

Questions is - should I file I-485 for me now and file her when she returns hoping dates will be current then as well?

If dates are not current by then - will I be able to get H1-B stamp after filing I-485 so she can get H-4 to come back?

Any suggestions?

[amanpreetbhangoo]

The L2 visa is a nonimmigrant US visa issued to dependents of L1 visa holders. Immediate family members of L1 visa holders may enter and stay in the United States by obtaining L2 visas. Eligible family members for an L2 visa include spouses and children (under age 21) of L1 visa holders.