L2 visa query

B

bforunic

Registered Users (C)
Hi

I am on L2 visa and I have my EAD valid till April 2009. I am presently working for a company. But my husband who is on L1 is asked to leave to INDIA in october. He is not sure if he would come back.Do I have to leave to INDIA along with my husband or can I stay back. If so, how long can I stay back?

Please respond.

Thanks
 
You have to leave the United States with your husband as your L-2 status is derived from your husband's L-1 status. The only way for you to stay after your husband leaves the United States is to change your status to something independent. The fact that your EAD has validity period until April 2009 doesn't count.
 
Bforunic,
Your L-2 status is a dependent status. Infact your EAD is based on your L-2 status being valid. If your husband (the L-1 status holder) leaves the US permanently, your L-2 status becomes null and void. You basically need to accompany your husband if he is not returning.
 
I read this same query put by another person and below is the response given by you:

"Once you are admitted in L2 status and have employment authorization through an EAD, your status is independent of whether your husband relocates back to India. It is entirely conceivable that the primary applicant (in your case your husband) needs to go in and out of the country since L1 is an intracompany transfer and moving across offices for work is considered okay. However, please note that if you continue on L2 status and need to extend your work authorization while your husband is in India, it would not be possible to extend L2 visa since L2 is a dependent visa. However, there is no problem in staying in the country and working as long as your I-94 and EAD are valid."

Can you please tell me which one is right?
 
bforunic said:
I read this same query put by another person and below is the response given by you:

"Once you are admitted in L2 status and have employment authorization through an EAD, your status is independent of whether your husband relocates back to India. It is entirely conceivable that the primary applicant (in your case your husband) needs to go in and out of the country since L1 is an intracompany transfer and moving across offices for work is considered okay. However, please note that if you continue on L2 status and need to extend your work authorization while your husband is in India, it would not be possible to extend L2 visa since L2 is a dependent visa. However, there is no problem in staying in the country and working as long as your I-94 and EAD are valid."

Can you please tell me which one is right?
Click to expand...

I wasn't the one who made the above reply but I can understand what this reply probably meant. As a matter of law it's clear-you won't be able to continue staying in the U.S. in derivative status (in your case L-2), even for a day, once the principal alien (in your case your husband) left the U.S. after finishing underlying temporary U.S. employment. But sometimes in realty it's not as clear as 1-2-3. When the PA leaves the U.S., it's difficult to tell immediately if that is just a temporary absence and he or she will eventually come back to the U.S., or that is permanent return to home country. If you have an E visa, situation will be even more complex because it's a norm that a family member has longer authorized period of stay than a principal.

If your husband leaves the U.S. because his employment here is complete, I still don't think it's a good idea for you to continue staying in the U.S., let alone working in the U.S., unless you have no intention of returning to the U.S. in the future. This (staying after your husband left) clearly consitutes a violation of status, and after certain amount of time passage it will become a lot easier to detect. It may lead to serious immigration consequences in the future.
 
Thanks for the reply. I actually want to continue in USA. Me and my husband are planning to apply for H1 in coming april.
1. Is there any other way we can continue here till we get an H1?
2. If my husband manages to stay on till April on L1, and then if I get approval for H1 in april, can I stay back even after my husband leaves as my H1 is approved or should I also leave and come back only in october?
 
bforunic said:
Thanks for the reply. I actually want to continue in USA. Me and my husband are planning to apply for H1 in coming april.
1. Is there any other way we can continue here till we get an H1?
2. If my husband manages to stay on till April on L1, and then if I get approval for H1 in april, can I stay back even after my husband leaves as my H1 is approved or should I also leave and come back only in october?
Click to expand...

1. If you change your status to something other than L-1/L-2, you should be able to continue staying. F-1/F-2 maybe?

2. No. You need to be able to maintain status that won't expire until September 30, 2008, to stay continuously.

As you know H-1B situation is getting worse year by year and it's basically a lottery now. If you wish to stay in the U.S. for a long time, the best course of action at this point seems to be going back to your home country for a while, especially if you want to be able to work here. If your husband continues to be able to work until 9/30/2008 here for his L-1 employer, you guys won't have any problem, of course.
 
Thanks for the reply. My husband might stay back in USA till Sept 2008. So, if I get my H1 approved, then do I have to go for a visa again or just apply for change of status and continue working on H1.
And, do I have to convert to H1 from Oct 2008 mandatorily or can I continue on L2 as long as my husband is here and then later in 2009 change to H1.

Please reply
Thanks
 
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