Valid L1B Visa till July 16-2013, Need to Know About L2 Visa

[kdsamy16]

Hi,

I have my L1B Visa Valid till July 16 2013 ( I got my L1B on July 2010, i.e 3 Years). I have used my L1B Visa (26 Months) for my Stay in USA for the below periods, since i have travelled 3 times and each time i got my I-94 till July 16 2013 (till my Visa Expiry Date only)
1. August 08 2010 to June 05 2011- 10 Months
2. July 09 2011 to June 15 2012- 12 months
3. Sept 24 2012 to Jan 07 2013- 4 Months

Currently i am in India and i am planning to Travel to USA with my wife at the earliest since i have only 3 months Valid Visa in my Hand, We(our Company) Applied L1B Visa for my wife and got Rejected on 10th April 2013, since we both working in Same Org. She is planning to take 3-4 months Leave and planning to come with me.

Here are my Questions:
1. Shall we apply L2 Dep Visa for my wife based on my L1B visa in near future i.e with in 10 days?
2. I hope L2 visa will not have any impact based on her Recent L1B Visa Rejected?
3. Whether we need apply L2 when i am available in India or i should be in USA?
4. If she gets her L2 and how long period she will get it ?
5. If she got her L2 Visa, then Shall we travel Togather to USA? and any Issues at POE?
6. Or Shall i travel alone now and if i get I-94 as more than my Visa Expiry Date is that possible to Apply L2 for my Wife based on my Extended I-94?
7. My Company Travel Team telling that If i get my I-94 as more than my Visa Exp Date(July 16-2013), then they cannot file L2 for my Wife? is that true?
8. If above is the false then till what period she will get her L2 Visa?
9. If travel alone and if i get I-94 till Visa Exp Date(July 16-2013), then my company is ready to file L1B Ext for me, is that possible to file L2 when i am in L1B Ext Period?

Please provide the Details for each of the above Questions and it would be helpful for me to take my decision at the earliest.
Thanks,
DK

[raghvi]

Hi,

I have my L1B Visa Valid till July 16 2013 ( I got my L1B on July 2010, i.e 3 Years). I have used my L1B Visa (26 Months) for my Stay in USA for the below periods, since i have travelled 3 times and each time i got my I-94 till July 16 2013 (till my Visa Expiry Date only)
1. August 08 2010 to June 05 2011- 10 Months
2. July 09 2011 to June 15 2012- 12 months
3. Sept 24 2012 to Jan 07 2013- 4 Months

Currently i am in India and i am planning to Travel to USA with my wife at the earliest since i have only 3 months Valid Visa in my Hand, We(our Company) Applied L1B Visa for my wife and got Rejected on 10th April 2013, since we both working in Same Org. She is planning to take 3-4 months Leave and planning to come with me.

Here are my Questions:
1. Shall we apply L2 Dep Visa for my wife based on my L1B visa in near future i.e with in 10 days?
2. I hope L2 visa will not have any impact based on her Recent L1B Visa Rejected?
3. Whether we need apply L2 when i am available in India or i should be in USA?
4. If she gets her L2 and how long period she will get it ?
5. If she got her L2 Visa, then Shall we travel Togather to USA? and any Issues at POE?
6. Or Shall i travel alone now and if i get I-94 as more than my Visa Expiry Date is that possible to Apply L2 for my Wife based on my Extended I-94?
7. My Company Travel Team telling that If i get my I-94 as more than my Visa Exp Date(July 16-2013), then they cannot file L2 for my Wife? is that true?
8. If above is the false then till what period she will get her L2 Visa?
9. If travel alone and if i get I-94 till Visa Exp Date(July 16-2013), then my company is ready to file L1B Ext for me, is that possible to file L2 when i am in L1B Ext Period?

Please provide the Details for each of the above Questions and it would be helpful for me to take my decision at the earliest.
Thanks,
DK

Visa, petition, and I-94 are three different things. With that said, without you getting a new visa for yourself Your spouse will get L2 only up till 16-July-2013.
1. Yes you can. Otherwise you can apply for new L1 visa for yourself and new L2 for your spouse together.
2. Her L1 rejection should not ideally impact her L2 outcome.
3.It doesn't matter.
4. She will get L2 only till your L1 date i.e. 16-July-2013.
5.It doesn't matter whether you travel together or separately. I dont see any issues at POE. Only thing that can happen if you travel separately is that you both get different I-94 dates.
6. Even if you get I-94 beyond your visa expiry date she will get visa only till 16-July-2013. She may or may not get I-94 matching to yours at POE.
7. They can file L2, they may not be able to file L1 extension for you if I-94 is more than 6 Months in future.
8.As said earlier, irrespective of your I-94 she will get L2 only till 16-July-2013. The only way to get a L2 visa beyond that is to file for your L1 too and attend L1 interview or once you land in US and file for L1 extension and get it approved.
9.Again, she will not get a L2 beyond 16-Jul-2013 unless your L1 extension is approved.

I would suggest you get her L2 processed quickly, and travel together to US. Once in US if I-94 is given only till 16-July-2013 then file L1 and L2 extension for both of you. If approved stay in US and get a new stamping as and when you leave US. If extension denied leave US as per I-94 expiry.


This is my opinion not legal advice.

[kdsamy16]

Thank you raghvi for your Detailed Response.

I have few more Questions.
1. Once My Wife gets her L2 ASAP and If we both travel togather and if we both get I-94 as more than my Visa Exp Date(i.e. 16-July-2013). Is that legal to Stay in USA & Work for my Company in my Current L1 B until my L1B Extension applied through my Company and gets Approved/Denied?
2.Since my I129S Petition Date is ending in 16-July-2013, I heard that we should not Work beyond Visa/ I129S Petition Expiry Date? It might Impact my Extension Process?
3. If we both gets Same I-94 more than Visa Expiry Date, Is that possible to Stay in USA and Apply L1 & L2 Extension togather before I-94 Expires?

It would be helpful if you could answer to my questions.
Thanks,
DK