L-2/EAD Validity in absence of L-1 holder in US

R

ravi13

Registered Users (C)
Hi All,

I have found this board to be extremely helpful in answering a lot of visa related doubts. Would appreciate any reply on the below queries.

My wife is in US on a L-1B visa. Her visa is for a 3 year period, while her I-94 is for a 2 year period. However, she would be returning back to the India office in Mumbai after 4 - 5 months.

1. If I am on a L-2, Could I apply for an EAD and have it in process even in her absence in US?

2. Would the L-2/EAD become invalid once she's no longer in US?

Thanx,
Ravi
 
Originally posted by ravi13
Hi All,

I have found this board to be extremely helpful in answering a lot of visa related doubts. Would appreciate any reply on the below queries.

My wife is in US on a L-1B visa. Her visa is for a 3 year period, while her I-94 is for a 2 year period. However, she would be returning back to the India office in Mumbai after 4 - 5 months.

1. If I am on a L-2, Could I apply for an EAD and have it in process even in her absence in US?

2. Would the L-2/EAD become invalid once she's no longer in US?

Thanx,
Ravi
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L2 and EAD would probably be invalid as your wife will no longer be in L1 status. Is her visit to India a temporary one?
 
Hi nkm,

Thanks for the response. So you believe that the L-2 and hence the EAD is invalid the moment the L-1 holder leaves US.

Well, the return to India may or may not be temporary. Its not sure. I guess there is no issue if the return to India is temporary, but I'm planning for the scenario where the return to India is not temporary.

Thanks,
Ravi
 
The L-2 (and therefore the EAD)0000 would become invalid when the L-1 holder relinquishes L-1 status. It is not possible to be in L-2 status when there is no L-1 holder.

Presence in the US is not the critical issue. Obviously, if the L-1 holder travels temporarily out of the country and returns working for the same L-1 sponsor there is no break in L-1 status and the L-2 holde could remain in the us, but if the L-1 holder ceases employment with the L-1 sponsor there would be a break in L-1 status and therefore the L-2 status would terminate.
 
Thanks for the response Jim. I'm sure a lot of people on this board are glad you spend some of your time here!

Do not wish to belabor the point but the situation is such that the L-1 holder is not relinquishing the visa but is just returning to India after a period of time but is still with the same employer. We are unsure if the return is temporary or permanent but just want to be prepared in case the return to India is permanent.

Can I assume that the L-2 is valid as long as the L-1 holder is with the same company irrespective of location - US or outside. I am stretching your statements - "Presence in the US is not the critical issue" and "but if the L-1 holder ceases employment with the L-1 sponsor there would be a break in L-1 status" a bit.

Thanx again,
Ravi
 
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