H3 or L2 via L1

[Steph2014]

Hi,

I'm a french citizen moving to the US early June through a L1-B visa. My company transferred me from Scotland to Colorado.
About to fill the visa application in the next few days. They told me it would take 4 to 6 weeks to process so I expect a permanent move early June.

My wife, british citizen, is also being transferred with her company to Texas in August. She is transferred because of my transfer.
According to her company (which has nothing to do with my company), he plan for her would be to spend a year in a training program (within her company) starting in August under a H3 visa and then being employed on a local package (under a L1 visa).

Problem I heard is that switching from H3 to L1 is not that easy and requires living 6 months outside the US at the end of the 1-year program.
Is that correct?

Anticipating to rent/sell the house and stuff so it's not really practical for her to come back to UK if not impossible.

Or she could get a L2 visa under my L1 visa and then apply for a EAD (which would take 2-3 months).
Is L2 state dependent?

What do you think would be best?

2-3 months processing means she would likely miss the start of her training but might avoid hassle later on.
In the same time, I'm surprised her company wouldn't provide any more guarantee at the end of the program...she could leave her company under a L2 visa.

My lawyers are expecting an answer from me soon but we do not really know what to do.

Any insight would be greatly appreciated.
Thanks

PS: Could she applied for a L2 visa (through my L1) once her H3 visa ended?

[raghvi]

Hi,

I'm a french citizen moving to the US early June through a L1-B visa. My company transferred me from Scotland to Colorado.
About to fill the visa application in the next few days. They told me it would take 4 to 6 weeks to process so I expect a permanent move early June.

My wife, british citizen, is also being transferred with her company to Texas in August. She is transferred because of my transfer.
According to her company (which has nothing to do with my company), he plan for her would be to spend a year in a training program (within her company) starting in August under a H3 visa and then being employed on a local package (under a L1 visa).

Problem I heard is that switching from H3 to L1 is not that easy and requires living 6 months outside the US at the end of the 1-year program.
Is that correct?

Anticipating to rent/sell the house and stuff so it's not really practical for her to come back to UK if not impossible.

Or she could get a L2 visa under my L1 visa and then apply for a EAD (which would take 2-3 months).
Is L2 state dependent?

What do you think would be best?

2-3 months processing means she would likely miss the start of her training but might avoid hassle later on.
In the same time, I'm surprised her company wouldn't provide any more guarantee at the end of the program...she could leave her company under a L2 visa.

My lawyers are expecting an answer from me soon but we do not really know what to do.

Any insight would be greatly appreciated.
Thanks

PS: Could she applied for a L2 visa (through my L1) once her H3 visa ended?

I would say a L2 visa would provide more flexibility than an H3 visa.

This is my opinion not legal advice.

[Steph2014]

I would say a L2 visa would provide more flexibility than an H3 visa.

This is my opinion not legal advice.

Thanks raghvi,

I also heard it might be difficult to switch from H3 to L2 once the H3 visa ends. And I'm sure her employer could more easily switch her L2 status to H1-B (L1) rather than H3 to H1-B if any problem.
Any idea about it?

The thing is being on a L2, provided my L1-B visa lasts 5 years, she might be able to get a GC quicker than if she goes onto a H3 and then switch either to L2/L1/H1B.
I don't know whether applying 1 year after to L2 might delay her GC or she would still get her GC at the same time as me...