L2 Visa pending applying for L1B

[prat_agl]

Hi All,

I was on L1B in US for past 3 years. Once my Visa expired my company filed for my L2( My wife is on L1B Visa which will expire in 2013 december). I can't work now as I am still waiting on L2 update from USCIS. It's been 2 months and my company is suggesting that with in 2-3 weeks I should be able to get an update on L2. After L2 I need to apply for EAD and then only can start working.

My company now wants me to apply for L1 Visa. I can submit papers from here and can go for interview. My question is if due to some reason my L1 is rejected can I retain L2.
Should I wait for L2 to be approved and then start working on L1 application? If I go to India after L2 approval and if L1 is rejected can I get L2 stamped and travel back to US?

Thanks a lot for your time !!!

[kabkaba]

Once you leave the US, the change of status application that you have filed will be meaningless. But I will advise waiting for the decision on that application, before you leave the US.

Applying L2 Visa from abroad is independent of the change of status application. So if you apply for L1 Visa from abroad and that gets rejected, you can certainly apply for L2 Visa based on your spouse's L1 status. The L1 denial will not affect L2 application.

[raghvi]

Hi All,

I was on L1B in US for past 3 years. Once my Visa expired my company filed for my L2( My wife is on L1B Visa which will expire in 2013 december). I can't work now as I am still waiting on L2 update from USCIS. It's been 2 months and my company is suggesting that with in 2-3 weeks I should be able to get an update on L2. After L2 I need to apply for EAD and then only can start working.

My company now wants me to apply for L1 Visa. I can submit papers from here and can go for interview. My question is if due to some reason my L1 is rejected can I retain L2.
Should I wait for L2 to be approved and then start working on L1 application? If I go to India after L2 approval and if L1 is rejected can I get L2 stamped and travel back to US?

Thanks a lot for your time !!!

Your L2 is dependent on your spouse maintaining her L1 status and has got nothing to do with your own L1.

So even if your L1 is rejected you can certainly process L2 while in India and return on L2 after approval.

This is my opinion not legal advice.