L-2 Visa FAQs

Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements

Authored on: Tue, 03/22/2022 - 06:34

Question

Background: I am currently on L-2 VISA and is going to expire in May. My company is going to file my Canada visa in a month. My spouse's (currently on L1A) employer is going to file her GC soon and she wants to stay with our kids until a decision is made (stay as a visitor or on the basis of GC filing). We decided that I will go to Canada and if the GC processing won't happen or the outcome is negative, she will join me in Canada at a later time.

Now:

I want to apply for the change of status from L-2 visa to visitor visa while I am still in the US, and leave for India while my Canadian visa is in process and travel to Canada directly from India. (I am going to see my parents as it's been years and can't travel to India if I join my company back in Canada anytime soon).

Questions:

1) Is it okay to leave the US while my change of status from L-2 to Visitor visa is in the process?

2) If yes, will USCIS continue to process and intimate me once they approve?

 

Answer

Video URL

Extension of EAD for H-4 and EAD for L-2

Authored on: Thu, 12/02/2021 - 02:27

Question

I am on my H-1B and my wife is currently on her H-4. With the new bill does she still need to wait for my I-140 to be approved?

Answer

There is no new bill, just a policy clarification. And, yes, she will have to wait per the law.

Visa Stamping for L-2

Authored on: Tue, 09/21/2021 - 05:30

Question

I am on an L-1 visa, and I am working in the U.S.. My wife is outside the U.S. Her L-2 visa has expired. We want to get an appointment somewhere to get visa stamping together. I cannot travel without an appointment, or else I will be stuck and will not return to the U.S. without visa stamping. The embassy has not opened for more than a year now, and she is stuck, so how can we get appointments? Can this be an emergency appointment case?

 

Answer

We do not have enough information about your case, but generically, it appears that your wife may have the option to go through the dropbox process. Please look into that. Also, emergency appointments are just that: reserved for an emergency. Most consulates are not likely to entertain such a request unless there is a real emergency. Delay alone is not considered to be an emergency.

 

Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…

Travel Outside The USA When A Case Is Pending

Authored on: Thu, 08/16/2018 - 08:26

Question

1. I moved from client A to client B in June. My employer filed an amendment for me now. I have my current H-1B till September 2020 when I'm with client A but my visa stamping expired last year. Can I travel while my H-1B amendment is pending?<br>
2. As my visa got expired, I have to get it stamped again. For that, should I have to go for interview again or can I do it by Dropbox?<br>
3. What will be the case if my amendment is still pending. What will be the case If my amendment is approved by then​.

Answer

Watch the Video on this FAQ: Travel outside the USA when a case is pending

Video Transcript

1. Yes, you can travel.

2. I don't know the exact local rules, but you have to go for visa stamping.

3. You should not go until the amendment is actually approved. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Does H-4 Require a Prior USCIS Approval for Visa Stamping?

Authored on: Thu, 08/10/2017 - 04:43

Question

My dependents visa stamp on passport expires on Sept 1st 2017 and have valid I-94 till Sept 1st 2017 and this was with the previous employer A I worked for. I moved to a different employer B a year back and haven't filed H4 for dependents with employer B as it was not necessary. Now if my dependents travel to India prior to Sept 1st 2017, do I still need to file for H4 extension or is it good if they attend the interview at consulate in India and get visa stamped on passport without H4 extension using my approved I-797 (till 2019) with employer B.

Answer

Watch Video on this FAQ: Does H-4 require a prior USCIS approval for visa stamping?

Video Transcription

You do not need to get an H-4 extension from USCIS when you have certain derivative visas like H-4 or L-2. Those visas are given based upon the approval of the H-1 holder and the L-1 holder. For the dropbox facility, you have to look at the local rules. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Is it legal to work for a foreign based company in the USA?

Authored on: Fri, 05/19/2017 - 04:17

Question

My wife has received her L-2 visa. She plans to continue with her US branch of her India employer once she lands in the US and gets her EAD. However for the period while she is US waiting for her EAD to come in, can she continue to be employed with her employer in India and keep receiving paychecks in India, while technically not working for any US based employer prior to getting her EAD?

Answer

Watch the Video on this FAQ: Is it legal to work for a foreign-based company in the USA?

Video Transcript:

In my view, if your wife has come here on L-2 visa and she wants to continue working I would wait till her EAD because I just don't like to have that grey area. I would not want her to continue getting her paychecks. I have had other colleagues of mine say if the business work for which she is working has nothing to do with the USA, they have no clients in the USA, they are receiving no money from the USA, they are not channeling any money through the USA that it is OK to work for this company in the USA while you are getting paid abroad. I have my doubts so my advice will be not to. More..


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Permanent Employment with L-2 Visa with Valid EAD

Authored on: Fri, 01/04/2013 - 06:54

Question

I am on an L-2 Visa with an EAD valid until June 2014. I am already a contract employee with an MNC (multinational corporation). Can my company extend an offer of permanent employment to me?

Answer

You do not currently have the visa to work permanently. But, there is NO PROBLEM with you working on a permanent job on temporary basis.

Change of status from L-2 to H-4

Authored on: Tue, 11/22/2011 - 04:37

Question

I was on L-2 visa till present. I got my EAD few months back, which expires in April 2013. But I had to Adjust my Status to H-4 as my spouse's visa got changed to H-1.Can I work with my EAD as it has got validity till 2013? Is there any other way that I can work in this country?

Answer

H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.

L-2 visa and EAD processing

Authored on: Fri, 11/18/2011 - 05:53

Question

I am in USA on L2 visa and I intend to start interviewing/ working immediately. For the EAD application, do I have to apply it before I interview or does the employer apply on my behalf once they make an offer? What are the processing times for EAD? I still haven't got my SSN but have scheduled the appointment for SSN. Should I apply for EAD after the SSN is approved or soon after SSN application?

Answer

You should apply (not the employer) for the EAD ASAP. Processing times are on USCIS web site.

L-2 visa application for spouse

Authored on: Tue, 11/15/2011 - 03:04

Question

I’m applying L2 for my wife. She is working in India and she is coming here on vacation. Do I need to mention her working details while filling L2? Or shall I mention saying that she is not working?

Answer

 Tell the truth. I see no reason why you need to worry. An L-2 is permission, not an obligation. She can come and leave as she pleases.