L1 Application / Change of Status L2 to L1

[Meera Naraya]

Hi,

I had a query on L1 visa. Currently, my husband is on an L1 visa. His visa and I-94 are valid till 1-Jun -2014, but he will likely return to India in Feb 2014. I am on an L2 visa with EAD . My L2 visa, I-94 and EAD are valid till 1-Jun 2014. I have been working for the same employer from June 2010- Dec 2012 in India and from April 2013 onwards in US

My queries:

1. Once my husband leaves US in Feb 2014,

(a) Is my EAD still valid? Can I continue to work legally in US?

(b) If my EAD is not valid, can I continue to stay in US legally (and not work)?


2. What is the best option for me to continue to stay and work in US (beyond Feb-14 or Jun-14). I assume it is L1 given H1 cap is exhausted?


3. If L1 is the way to go: should I go for an L1A or L1B? I am in the middle management of a huge conglomerate and don’t report directly to the board or management committee?


4. How can I determine if my company is eligible to file a blanket petition? Is there a list of pre-approved companies available?

5. If I request for a change of status from L2 to L1 in May 2014 and I go out of status after filing but before approval, can I still lawfully stay and work in US till there is decision on my application?

Thanks for your help

[raghvi]

1.
a. L2 is dependent visa so if primary visa holder is not in US and or not maintaining L1 status, L2 is also out of status and not allowed to stay.
b. as said above you cannot stay legally on L2 if L1 is not present with you in US.

2. The earliest that you can move to H1 is only Oct 2014, the only option for you to remain and work in US is if you are able to convert from L2 to L1 of your current employer before your spouse leaves US.

3. One will have to see the responsibilities and nature of work. In terms of difficulty in getting it is L1A > L1B > L1Individual > H1B.

4. You can ask them. I dont know if there is any pre-approved list of companies out there.

5. As I said, if your spouse is leaving US in Feb 2014, you would have to leave too. The only way to avoid that is to file L2 to L1 before he leaves US.
You technically cannt work till L2 to L1 approval is done if L1 is not present in US.

You can file L2 to L1 in premium immediately so that you get decision within next 2-3 weeks.If approved your spouse need not leave US in Feb 2014 even if company wants, as then he and can convert for L1 to L2, get EAD and look for another employer.

This is my opinion not legal advice.

[Meera Naraya]

Thanks Raghvi.

I am presently working in a managerial role for a manufacturing company selling goods in US. My company is willing to apply for my L1.
I wanted to know how would be company go about this? We are not a registered company in USA.

1.
a. L2 is dependent visa so if primary visa holder is not in US and or not maintaining L1 status, L2 is also out of status and not allowed to stay.
b. as said above you cannot stay legally on L2 if L1 is not present with you in US.

2. The earliest that you can move to H1 is only Oct 2014, the only option for you to remain and work in US is if you are able to convert from L2 to L1 of your current employer before your spouse leaves US.

3. One will have to see the responsibilities and nature of work. In terms of difficulty in getting it is L1A > L1B > L1Individual > H1B.

4. You can ask them. I dont know if there is any pre-approved list of companies out there.

5. As I said, if your spouse is leaving US in Feb 2014, you would have to leave too. The only way to avoid that is to file L2 to L1 before he leaves US.
You technically cannt work till L2 to L1 approval is done if L1 is not present in US.

You can file L2 to L1 in premium immediately so that you get decision within next 2-3 weeks.If approved your spouse need not leave US in Feb 2014 even if company wants, as then he and can convert for L1 to L2, get EAD and look for another employer.

This is my opinion not legal advice.

[raghvi]

Thanks Raghvi.

I am presently working in a managerial role for a manufacturing company selling goods in US. My company is willing to apply for my L1.
I wanted to know how would be company go about this? We are not a registered company in USA.

That makes it more complicated. Typically a company/subsidiary has to be registered in US. The option in this case would be to prove that the company needs to set up a new office here and would require your expertise to do so. Its one of the not so easy visas to get and your company should hire a good attorney to determine if this is feasible.

This is my opinion not legal advice.